Flanagan v. Pearson

Citations

• 50 Tex. 383

Syllabus

<p>1. Parties—Attack on sheriff’s sale.—It is not error to refuse the application by a discharged bankrupt to make himself party to a suit by a claimant of land, under a sheriff’s sale, which had been assigned by the bankrupt, before bankrupt proceedings, to a trustee, for the benefit of his children, in payment for community property used by the bankrupt; said suit being instituted against said children, and the petition attacking the deed of assignment as fraudulent.</p> <p>2. Same—Fraud.—A sheriff’s sale may be attacked for fraud by parties having an interest in the land and who were not parties to the suit in which the sale was made.</p> <p>3. Same—Parties.—See facts where it was held error to refuse claimants to land, not parties, to contest the regularity and validity of a sheriff’s sale.</p> <p>4. Case approved. — Cravens r. Wilson, 4S Tex., 340, discussed and approved.</p>