Denni v. Elliott

Citations

• 60 Tex. 337
• 1883 Tex. LEXIS 333

Syllabus

<p>Í. Judgment against a lunatic — Collateral attack.—A decree founded on an agreement made by the counsel for a party to the suit, said party having been adjudged insane, is voidable only, and binding on parties and privies until vacated and set aside by a direct proceeding. Such a decree is not subject to collateral attack.</p> <p>3. Homestead.— One purchasing land at sheriff’s sale borrowed the money with which to pay for it, and executed a deed of trust to the land contemporaneously with the sheriff’s deed, in which he recited that the property is not incumbered, and is not my homestead; my homestead lies in Dallas county, west of Dallas.” Held, no homestead rights could attach to the land in favor of the purchaser as against the deed of trust. The sheriff’s deed and the deed of trust must be regarded each as parts of the same transaction by virtue of which the purchaser acquired the land.</p>