BRITTON V. GANNON
285 P.2d 407, cert. denied, 350 U.S. 886 (1955)
NATURE OF THE CASE: This was a dispute over a judgment alleged to have been procured by
extrinsic fraud.
FACTS: Gannon (P) sued Britton (D) on a foreign judgment rendered in favor of P for
$18,000 in Illinois. D answered that P was only a nominal party and that the real party in
interest, Spike, the brother of P advised D that he was filing a suit to recovery personal
property owned by him and D and that P was a necessary defendant but that no judgment would
be taken against P. P made no effort to defend the Illinois suit and discovered the judgment
when P sued in this instance. P proved his claim and D was not permitted to defend with the
extrinsic fraud evidence. Judgment was given P. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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