Sharp v. Edwards
Supreme Court of Alabama
Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Suit by G. B. Sharp and others against W. C. Edwards and others. Decree for defendants, and complainants appeal.
1Opinion of the CourtMayfield, J.
This is a hill by appellants to enjoin the enforcement of a judgment in a court of law on the ground that the judgment was obtained by accident, mistake, or fraud.
[1] The relief here sought is concurrent with that to be had in a court of law by proceeding under the four months’ statute (section 5372 of the Code). A party who seeks relief in a court of equity, against a judgment obtained in a court of law against him by fraud, accident, etc., must show that he was without fault or neglect in the matter, and that he was ignorant of the fraud, not only at the time the judgment was rendered, but…
2Cases cited6 opinions
- Evans v. WilhiteSupreme Court of Alabama · 1910
- Hudson v. Bauer Grocery Co.Supreme Court of Alabama · 1894
- Moore v. RandolphSupreme Court of Alabama · 1875
- Ex parte City CouncilSupreme Court of Alabama · 1896
- Montevallo Coal Mining Co. v. ReynoldsSupreme Court of Alabama · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Osborn v. RileySupreme Court of Alabama · 1976
- Brown v. Kingsberry Mortg. Co.Supreme Court of Alabama · 1977
- Brown v. StateSupreme Court of Alabama · 1948
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
16 more not listed; retrieve them via the Exa API.