Martinez v. Meyers
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by Mary J. Martinez and others against Elizabeth D. Meyers and others, to correct certain items of account in a probate settlement, and for other purposes. Demurrer was sustained to the bill and complainants appeal.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by Mary J. Martinez and others against Elizabeth D. Meyers and others, to correct certain items of account in a probate settlement, and for other purposes. Demurrer was sustained to the bill and complainants appeal. The bill was properly filed under sections 3914 and 3916, Code 1907. Independent of the statute fraud in procuring a judgment is a matter of equitable cognizant and remedial jurisprudence. — 23 Oyc. 1025. The allegations make out. a case for relief. — Mock v. Steele, 34 Alla. 198; Humphries v.…
1Opinion of the CourtAnderson, J.
The bill in this case does not seek to vacate the decree of the probate court for fraud, but *459proceeds under section 3914 of the Code of 1907 to correct the same as to certain items of the account, because of mistake of law or fact in the settlement induced by the fraud of the guardian, one of the respondents. The bill charges the investment of some of complainant’s funds in certain street railway stock and bonds, and that the respondent Meyers held out the proceeds of the bonds, and only accounted for the stock, and so framed her account as to fraudulently mislead the court and the…
2Cases cited2 opinions
- Waldrom v. WaldromSupreme Court of Alabama · 1884
- Pippin v. TapiaSupreme Court of Alabama · 1906
3Cited by10 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Boutwell v. Spurlin Mercantile Co.Supreme Court of Alabama · 1919
- Adams v. WalshSupreme Court of Alabama · 1914
- Fidelity & Deposit Co. of Maryland v. HendrixSupreme Court of Alabama · 1927
- Meyers v. MartinezSupreme Court of Alabama · 1911
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