Sellers v. Johnson

Hawkins, Justice.

1. The alleged fraud relied upon by the plaintiff in this case to authorize a recovery by him of damages against the defendants and the setting aside of the sheriff’s levy, sale, and deed made in pursuance thereof, consists of the failure of the counsel for the defendant in former litigation with the plaintiff to notify the plaintiff’s counsel of the issuance and levy of the execution under which the sale of the plaintiff’s property was had, under an alleged agreement entered into between his counsel and the counsel for the opposite party in the former litigation, involving…