Cromelin v. McCauley
Supreme Court of Alabama
Bill in Equity to set aside Chancery Decree, for Fraud. Appeal from the Chancery Court of Lee. Heard before Hon. N. S. Graham.
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Bill in Equity to set aside Chancery Decree, for Fraud. Appeal from the Chancery Court of Lee. Heard before Hon. N. S. Graham. The bill in this case was filed on the 2d May, 1872, by George Cromelin, a citizen of Philadelphia, as a judgment creditor of Henry McCauley, against the said McCauley, and against the administrators of the estate of Thomas Brassill, deceased, and against the persons composing the firm of Yiti Brothers, a mercantile partnership doing business in Philadelphia. Its object was to set aside, on the ground of fraud, a decree rendered by the Chancery Court of said county,…
1Opinion of the CourtSomebyille, J.
— This bill is filed for the purpose of vacating and setting aside a final decree of the Chancery Court of Lee county, and a sale of land made under it, on the •alleged ground of fraud. That a court of equity possesses jurisdiction to relieve against fraud in judicial proceedings, is everywhere a universally recognized principle. The judgment or decree against which relief is invoked, however, must have been procured by fraud, either in its original rendition, or by a subsequent fraudulent alteration; and this fraud must, in a sense, be shown to be actual and positive. When this is clearly…
2Cases cited6 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Taggart v. WoodSupreme Court of Iowa · 1866
- Alabama Life Insurance & Trust Co. v. PettwaySupreme Court of Alabama · 1854
- Ogden v. LarrabeeIllinois Supreme Court · 1870
- Florence Sewing Machine Co. v. ZeiglerSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
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- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
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