Durland Trust Co. v. Uttley

The plaintiff recovered a judgment against these defendants in the district court for Holt county foreclosing a real estate mortgage. An order of sale was issued on the judgment. Sale was made and duly reported to the court. Objections to the confirmation were filed, and, before the sale was confirmed, the judgment was paid in full and the cause formally dismissed *462upon the record. Afterwards the defendants filed a motion to reinstate the case upon the docket, and to set aside and cancel the decree and judgment “for fraud practiced by the plaintiff in said actioh upon the court as well as upon…