When Creditors or Purchasers May Attack Judgment

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Creditors or bona fide purchasers may attack a judgment for any defect appearing on the face of the record or the pleadings or for fraud or collusion, whenever and wherever it interferes with their rights, either at law or in equity.

(Orig. Code 1863, § 3515; Code 1868, § 3538; Code 1873, § 3596; Code 1882, § 3596; Civil Code 1895, § 5371; Civil Code 1910, § 5966; Code 1933, § 110-711.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 77 Am. Jur. 2d, Vendor and Purchaser, § 412 et seq.

C.J.S.

- 49 C.J.S., Judgments, § 393 et seq.

ALR.

- Effect of reversal or vacation of judgment on execution sale, 29 A.L.R. 1071.

Mental incompetency at the time of rendition of judgment in civil action as ground of attack upon it, 34 A.L.R. 221; 140 A.L.R. 1336.

Criterion of extrinsic fraud as distinguished from intrinsic fraud, as regards relief from judgment on ground of fraud, 88 A.L.R. 1201.

Power of court to award alimony or property settlement in divorce suit as affected by failure of pleading or notice to make a claim therefor, 152 A.L.R. 445.


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