Alonzo R. Edson v. Casey Fahy

This action was commenced by filing in the circuit court an independent proceeding entitled "Motion to Set Aside Judgments."
An amended pleading was filed entitled "First Amended Motion and Petition." The ultimate object of the action is to set aside
the partition sale of farm land formerly owned by the plaintiff and his wife, Alice M. Edson, as tenants by the entirety.
As a means to this end, the plaintiff seeks to set aside a decree which granted Mrs. Edson a divorce from the plaintiff. Mrs.
Edson brought the partition suit following final judgment in the divorce action. The defendants, R. W. Poteet and Amy Poteet,
his wife, are the purchasers of the real estate in question at the partition sale. The defendants, Casey Fahy and Gracie Fahy
Smith, are heirs at law of plaintiff's former wife who died after the Conclusion of the partition suit and prior to the bringing
of this action. Along with their answers, the defendants filed motions to dismiss which were heard and sustained. The plaintiff's
first amended motion and petition was dismissed and he has appealed. The amended pleading, which at least for convenient reference we shall call a petition, is in three counts. The first count,
on grounds which will be fully developed later, seeks to set aside the decree of divorce obtained by Alice M. Edson from her
husband, the plaintiff herein. The second count deals primarily with the partition suit and prays that the judgments rendered
in that suit and the sale of the land be set aside. The third count seeks to have stayed a separate action brought by R. W.
Poteet and Amy Poteet, his wife, for possession of the land in question or, in the alternative, that the possessory action
be combined with this suit and "all heard together."