127 Ga. 517 | Ga. | 1907
(After stating the facts.)
It is distinctly alleged in plaintiff’s petition that the deceased was not, at the time of her death, a resident of Fulton county (the jurisdictional fact recited in the order admitting the said will to probate), but was a resident of the State of Rhode Island, and left no property of any kind in said county of Fulton; that the defendant “knew that the said . . deceased was not domiciled in Fulton county, Georgia, at the time of her death,- but was a resident of the State of Rhode Island,” and at the time said will was offered for probate there was no property of the deceased within the limits of Fulton county; and that the efforts of said'defendant to obtain said judgment “amounted to a scheme and device„in the nature of a legal fraud upon the honorable ordinary’s court of Fulton county.” If these allegations be true, the court of ordinary of Fulton county not only had no jurisdiction to render said judgment (Civil Code, §3279), but the rendition of the same was the result of a fraud perpetrated upon that court by a false representation that the deceased was a resident of Fulton county at the time of her death (Louisville & Nashville R. Co. v. Chaffin, 84 Ga. 519); and a court of equity would have jurisdiction to set aside said judgment on the
Judgment reversed.