Bauer v. Brown
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martillean, Chancellor; 1. Brown never wrote the letters. The appellee wrote them herself. 2. The action was brought under section 6259, Kirby’s Digest, and is not applicable. 3. The burden was on appellee to prove conclusively (1) that Brown was guilty of fraud upon the court; (2) that she had a meritorious defense; (3) that she was free from fault herself. 2 Nelson on Divorce & Separation, § 1054; 102 N. Y. 287; 6 N. E. 660; 23…
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Appeal from Pulaski Chancery Court; John E. Martillean, Chancellor; 1. Brown never wrote the letters. The appellee wrote them herself. 2. The action was brought under section 6259, Kirby’s Digest, and is not applicable. 3. The burden was on appellee to prove conclusively (1) that Brown was guilty of fraud upon the court; (2) that she had a meritorious defense; (3) that she was free from fault herself. 2 Nelson on Divorce & Separation, § 1054; 102 N. Y. 287; 6 N. E. 660; 23 Cyc. 1022-3; 39 Ark. 107; 93 Id. 462; 28 Tex. 733, 91 Am. Dec. 336. No fraud was shown and the charges were not proven.…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellants in the Pulaski Chancery Court, on November 10, 1916, to cancel a decree of divorce rendered by the same court on June 20,1916, wherein Fred Brown was plaintiff and appellee was defendant; and to obtain a dower interest in all of Fred Brown’s personal property and real estate. As a ground for cancellation of said judgment, the appellee set up that Fred Brown had procured the decree through fraud by filing a false affidavit to procure a warning order in which he stated that he had made inquiry and to the best of his information appellee was a…
2Cases cited1 opinion
- Corney v. CorneySupreme Court of Arkansas · 1910
3Cited by5 opinions
- Page v. WoodsonSupreme Court of Arkansas · 1947
- Sariego v. SariegoSupreme Court of Arkansas · 1959
- Allsup v. AllsupSupreme Court of Arkansas · 1939
- Whaley v. Whaley, AdministratrixSupreme Court of Arkansas · 1948
- May v. MaySupreme Court of Arkansas · 1971