Alberts v. Brubaker

On the 24th day of February, 1938, Mrs. Henry Brandt, Sr., obtained a judgment against the present plaintiff, H. F. Alberts, in the circuit court of Marshall County. This present action was brought by H. F. Alberts to vacate and set aside the 1938 judgment. The defendants are the heirs at law of Mrs. Henry Brandt, Sr., who died subsequent to the entry of the judgment in her favor and prior to the commencement of this present action. The trial court refused to set aside the judgment and plaintiff has appealed.

It is sought to set aside the 1938 judgment on two grounds: First, fraud. Second, a…