Heflin v. Ashford
Supreme Court of Alabama
Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 29th October, 1880, by Bichard Prewitt, against Mrs. Caroline Ashford and others; and sought principally to set aside, on the ground of fraud, a decree rendered by said Chancery Court, on the 12th March, 1877, in favor of Mrs. Ashford, against said Prewitt.
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Appeal from the Chancery Court of Lawrence. Heard before the Hon. Thomas Cobbs. The bill in this case was filed on the 29th October, 1880, by Bichard Prewitt, against Mrs. Caroline Ashford and others; and sought principally to set aside, on the ground of fraud, a decree rendered by said Chancery Court, on the 12th March, 1877, in favor of Mrs. Ashford, against said Prewitt. The complainant died pending the suit, and it was thereupon revived in the name of A. Heflin as his administrator. The chancellor overruled a demurrer to the bill, and also a motion to dissolve the injunction for want of…
1Opinion of the CourtSomerville, J.
It is settled in this State, that a bill filed to impeach a decree for fraud must be filed within three years after the rendition of the decree sought to be impeached, or else it will be barred; with the exception of bills filed -by infants and persons of unsound mind, and married women, where the matter of the decree relates to their separate estates. — Gordon v. Ross, 63 Ala. 363; Code, 1886, § 3497. But a necessary modification of this principle is, that the aggrieved party, under the statute, is entitled to twelve months within which to file such bill, after the discovery of the facts…
2Cases cited3 opinions
- Gordon's Adm'r v. RossSupreme Court of Alabama · 1879
- Holt v. WilsonSupreme Court of Alabama · 1883
- Porter v. SmithSupreme Court of Alabama · 1880
3Cited by10 opinions
- Edmondson v. JonesSupreme Court of Alabama · 1920
- Cunningham v. WoodSupreme Court of Alabama · 1932
- Sims v. RigginsSupreme Court of Alabama · 1917
- Quick v. McDonaldSupreme Court of Alabama · 1926
- Nichols v. DillSupreme Court of Alabama · 1931
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