Marshall v. Hill

Appeal from St. Francois Circuit Court. — Hon. Gharles A. Killian, Judge. (1) The petition in this cause alleges fraud, the evidence conclusively establishes fraud in the procun ing of the judgment and in all of the acts of Hill prior thereto. A court of equity would have had and still has power to set aside a decree obtained under the circumstances herein, and we are strictly within the terms of the statute, having brought our petition for ■review within three years and defendants herein are not and cannot be prejudiced by reason that we assume the laboring oar and set up all of the facts in…