Hanley v. Hanley

McFarland, J. This is an equitable action brought by the plaintiffs, as heirs of one Patrick Hanley, deceased, to vacate and set aside a certain decree of the superior court rendered in the administration of the estate of said Patrick Hanley, by which certain real property was set aside to the defendant Ellen Hanley, the widow of said deceased, as a homestead. A demurrer to the complaint was sustained by the court below, and judgment was rendered for the defendant; and from such judgment plaintiffs appealed.

[693]The complaint does not state facts sufficient to constitute a cause of action, and the demurrer was properly sustained. The main averments of the complaint are, that the premises in dispute were the separate property of said Patrick Hanley, deceased; and that said respondent, Ellen Hanley, willfully, falsely, and fraudulently represented to the court, and testified, that the said premises was community property, and also falsely represented that a certain declaration of homestead had been filed on said premises while she and her husband •were actually residing thereon. The decree of the superior court setting apart said homestead was final, unless reversed on appeal; and it cannot be attacked collaterally in an independent action upon the grounds set up in the complaint. A judgment or decree of a court of competent jurisdiction can be set aside in an independent equitable proceeding for fraud, only where the fraud alleged was extrinsic or collateral to the matter which was tried and determined by such court; and such is not the character of the fraud alleged in the complaint in this action. In United States v. Throckmorton, 98 U. S. 61, the court declared that the cases in which a court of equity is authorized to interfere and set aside a former judgment on the ground of fraud, are those only where the fraud was extrinsic or collateral to the matter tried. This rule has been declared and followed in a large number of cases decided by this court. (Pico v. Cohn, 91 Cal. 129; 25 Am. St. Rep. 159; Langdon v. Blackburn, 109 Cal. 26; Gruwell v. Seybolt, 82 Cal. 10; Estate of Moore, 96 Cal. 523; Griffith’s Estate, 84 Cal. 113, 114; Fealey v. Fealey, 104 Cal. 355; 43 Am. St. Rep. 111.) In Pico v. Cohn, supra, this court said: “ That a former judgment or decree may be set aside and annulled for some frauds there can be no question; but it must be a fraud extrinsic or collateral to the question examined and determined in the action. And we think it is settled beyond controversy that a decree will not be vacated merely because it was obtained by forged documents or perjured testimony.....What, then, is