California Supreme Court March 2, 1932, Docket No. Sac. 4521. (Smith v. White)

PRESTON, J.

The relief granted by the court below in this canse appears to be somewhat broader than the pleadings, when properly interpreted, warrant. The case as made therein and as shown by the evidence is an action in equity to enjoin an execution sale upon the ground that the judgment underlying it was procured by fraudulent conduct on the part of the judgment creditor and as a result of such