Selway v. Burns

This is an appeal from an order of the district court of Beaverhead County setting aside a judgment on the ground that it was gained by fraud.

The judgment vacated resulted from a suit brought against Richard F. Burns in his capacity as executor of the E. L. Buries’ estate. The Honorable Philip C. Duncan, Judge of the 5th Judicial District, presided over both the probate of the E. L. Buries’ estate and the civil action brought against it. After motions were made to remove Richard F. Burns as executor on the ground of incompetence and to vacate the judgment against the estate on the ground that…