Heflin v. Ashford

Bill in Equity Impeaching Decree for Fraud. 1. Limitation of suit. — A bill in equity, seeking to impeach a decree for fraud, must be filed within three years after the rendition of the decree; but there is a statutory exception in favor of infants, married women, and persons of unsound mind (Code, 1886, § 3499), and a statutory modification of the principle (§ 2630), allowing twelve months after the discovery of the facts constituting the alleged fraud.

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 equity in the bill; but he dismissed the bill, on final hearing on pleadings and proof, on the ground that 'the complainant was guilty of laches in defending the original suit, after the alleged argeement of compromise was entered into. argued the several points discussed and decided in the chancellor’s decree; and further contended, 1st, that the statute of limitations o£ three years was not applicable to tbe case made by tbe bill; 2d, that tbe statute was waived, because not set up by plea or demurrer; 3d, that if tbe bill was barred as a bill to set aside the decree on the ground of fraud, the complainant was entitled, under the general prayer, to relief in the nature of injunction against the fraudulent use of the decree. They cited Freeman on Judgments, § 492; Howell v. Motes, 54 Ala. 1; Garrett v. Lynch, 44 Ala. 683; Broda v. Greenwald, 66 Ala. 538; Kennedy v. Kennedy, 2 Ala. 571; 2 Pom. Equity, 917; 3 lb. 1364; 1 High Inj., §§ 198-200, 207; Kerr on Fraud & Mistake, 353. cited Code, 1886, § 3497; Gordon’s Aüm'r v. Boss, 63 Ala. 363.