Hamilton v. Tolley

In the opinion on last appeal the jurisdiction of the chancery court of Limestone county to order or confirm the sale in question was sustained, “notwithstanding one of the purchasers * * * was the trustee,” and, having acquired jurisdiction, “its decree cannot be impeached by a separate bill of review (on the ground that the trustee was interested as purchaser), except for fraud” in the procurement of the judgment and in the proceedings by which it was obtained. Tolley v. Hamilton, 206 Ala. 634, 91 South. 610; Hardeman v. Donaghey, 170 Ala. 362, 54 South. 172. The proper parties,- and due…