McKeithen v. Rich
Supreme Court of Alabama
Appeal from Circuit Court, Lowndes County; A. E. Gamble, Judge. Suit by Mildred R. McKeithen against Mildred B. Rich and others. From decree sustaining demurrers to the bill, complainant appeals. A judgment obtained by fraud may be set aside in a court of equity.- 85 Ala. 522; 72 Ala. 1; 34 Ala. 198, 73 Am.
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Appeal from Circuit Court, Lowndes County; A. E. Gamble, Judge. Suit by Mildred R. McKeithen against Mildred B. Rich and others. From decree sustaining demurrers to the bill, complainant appeals. A judgment obtained by fraud may be set aside in a court of equity.- 85 Ala. 522; 72 Ala. 1; 34 Ala. 198, 73 Am. Dec. 455. The statute of frauds cannot be set up to protect a fraud, 174 Ala. 410, 56 South. 921; 195 Ala. 454, 70 South. 640; 20 Cyc. 280, 281; Pomeroy’s Equity, § 921, and cases cited in notes. Equity has jurisdiction under the facts averred in this bill, not only to remove the cause,…
1Opinion of the CourtBrown, J.
This bill was filed by the appellant, a legatee and devisee under the will of W. P. Russell, deceased, against the administrator de bonis non, with the will annexed, of the estate of said W. P.- Russell, Mildred B. Rich, the,widow of said Russell, and former executrix of the will, and the other legatees and devisees under the will, to remove the administration of the estate from the probate court into the circuit court sitting as a court of equity, for further administration.
The bill shows that Mildred B. (Russell) Rich was originally a devisee under the will, and she with one McPherson were…
2Cases cited7 opinions
- Tygh v. DolanSupreme Court of Alabama · 1891
- Blakey v. Heirs of BlakeySupreme Court of Alabama · 1846
- Dement v. Adm'rs of BoggessSupreme Court of Alabama · 1848
- Dent v. FoySupreme Court of Alabama · 1920
- Thompson v. HuntSupreme Court of Alabama · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hinson v. NaugherSupreme Court of Alabama · 1922
- Dent v. FoySupreme Court of Alabama · 1921
- Johnson v. JohnsonSupreme Court of Alabama · 1949
- Allen v. Estate of JuddineSupreme Court of Alabama · 2010
- Ex Parte FarleySupreme Court of Alabama · 2007
6 more not listed; retrieve them via the Exa API.