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¶ forty four The “fraud” referred to by § 1031(four) is of two forms. The fraud might be “extrinsic fraud,” that may be, fraud “perpetrated outdoors an true adversary demo or procedure ․ practiced specifically and affirmatively over the defeated social gathering, whereby he was prevented from presenting completely and rather his facet of the case,” and will include things like “Phony representations which the defeated social gathering is just a nominal occasion versus whom no aid is sought, false promises of compromise, concealment of accommodate, kidnaping of witnesses, and similar conduct.

¶ 3 In keeping with Moon, this situation represents certainly one of seventeen actions commenced in opposition to him by Bank to gather on notes and foreclose mortgages.

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During the absence of any evidentiary materials correctly before the court in reaction to Bank's movement for summary judgment, the trial court was justified in granting judgment to Bank on its see this here principal claims, also to Bank on the unsupported allegations of Moon's counterclaim. Underneath the points and instances of the situation, as in Friedman and Ross, we simply cannot say the demo court docket abused its discretion in refusing to vacate as alleged During this proposition.

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” The trial court thoroughly And at last adjudicated all of the competing promises, and Bank did not execute on its judgment versus Moon right up until after the trial court docket denied Moon's motion to vacate. Absent the putting up of a supersedeas bond or other protection approved with the demo court to remain enforcement, there existed no impediment to Bank's execution around the judgment granted. 12 O.S. § 990.four.

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