Seymour v. Hill

Stayton, Associate Justice.

This action was brought by the appellee to restrain the enforcement of a judgment rendered *386against him in a justice’s court in favor of the appellant. He sought relief on the ground that the judgment was obtained by fraud, and upon the further ground that the judgment was dormant. An execution had issued on the judgment, for the first time, more than a year after the judgment was rendered, and under it a bale of cotton had been seized, which by consent of parties was sold and the proceeds were in the hands of the sheriff. The defendant denied that the judgment was…