Carroll v. McCullough

In the first case, we arrested the argument at the June term, 1883, with the remark that so long as the judgment recovered by McCullough against Phebe and Thomas D. Carroll in the real action remained unreversed, it constituted a bar to any relief sought by the plaintiff. The plaintiff insisted that there was no consideration for the note which was the foundation for the judgment recovered by McCullough against Phebe Carroll, and that the judgment was a fraud upon him, which he ought to be permitted to show. Further hearings have since been had at the trial term, upon the plaintiff’s motion…