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PATE v. SOUTHERN BANK & TRUST COMPANY

203 S.E.2d 126 (1974)

214 Va. 596

Ann W. PATE v. SOUTHERN BANK & TRUST COMPANY.

Supreme Court of Virginia.

March 4, 1974.

Attorney(s) appearing for the Case

Gammiel G. Poindexter, Richmond (John M. Levy; Greene, Buxton & Poindexter, Richmond, on brief), for appellant.

E. Blay Bryan, Richmond, (L. Mercer Smith, Richmond, on brief), for appellee.

Before I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

HARRISON, Justice.

Ann W. Pate sought to enjoin the enforcement of, and have set aside as fraudulent, a judgment obtained against her by confession in favor of Southern Bank and Trust Company. The court below denied the injunction, finding "that the return of the Sheriff . . . showing service of the notice of the judgment by confession. . . is accurate and . . . has not been impeached". The court held "that the fraud complained of by the plaintiff herein is not extrinsic...

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