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JOHNSON v. JOHNSON

TC A8408-04591; CA A35979; SC S32947.

730 P.2d 1221 (1986)

302 Or. 382

Hanni Sandra JOHNSON, Petitioner On Review, v. William Gerald JOHNSON and John F. Cramer, Jr., Respondents On Review, Fred Pearce, Defendant.

Supreme Court of Oregon, In Banc.

Decided December 23, 1986.

Attorney(s) appearing for the Case

Richard L. Lonergan, Portland, argued the cause for petitioner on review. With him on the petition for review was Clint A. Lonergan, Portland.

John F. Cramer, Portland, filed the brief and argued the cause for respondent on review.

CAMPBELL, Justice.

Since Friese v. Hummel, 26 Or. 145, 37 P. 458 (1894), this court has recognized a distinction between extrinsic and intrinsic fraud in granting relief from a judgment. We have held that relief will be granted on the basis of extrinsic fraud, but will be denied if the fraud is intrinsic. Extrinsic fraud consists of collateral acts not involved in the fact finder's consideration of the merits of the case. On the other hand, intrinsic fraud...

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