Moore v. Moore

Frances Amalene Moore was granted an absolute divorce from Maleon Eudean Moore on grounds of cruel and inhuman treatment. She was also awarded custody of their only child, child support and alimony. Within thirty days of the entry of the final decree, Maleon Eudean Moore- filed a petition in the cause to vacate the decree on the ground he ha.d a good defense to the suit, condonation, but had been prevented from making this defense by fraud on Mrs. Moore’s part.

*3Under Wills v. Wills, 104 Tenn. 382, 58 S.W. 301 (1900), the trial judge could not treat the petition as an action for the writ of…