Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse his judgment or to mislead him, of which the opposite party takes an undue advantage, is in equity a surprise and is a form of fraud for which relief is granted.
(Orig. Code 1863, § 3111; Code 1868, § 3123; Code 1873, § 3180; Code 1882, § 3180; Civil Code 1895, § 4034; Civil Code 1910, § 4631; Code 1933, § 37-711.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 27 Am. Jur. 2d, Equity, § 20. 37 Am. Jur. 2d, Fraud and Deceit, § 23.
C.J.S.- 30 C.J.S., Equity, §§ 45, 48.