Kitchens v. Clay

Mobley, Justice.

This case arose from an action brought to set aside a judgment of the State Court of Bibb County, which was rendered in an action brought by the appellee to collect on a promissory note allegedly given him by the appellant. The ground for setting aside the judgment is that it was procured by fraud on the part of the appellee in that the note on which the suit was brought was a forgery as to the signature of the appellant, which fact was well known by the appellee. The appellant alleges that the issue of forgery was raised by his answer and the evidence offered by him, and that…