Fleming v. Seeligson

Citations

• 57 Tex. 524

Syllabus

<p>1. Fraud — Judgment.— Fraud perpetrated in procuring a judgment does not render it void; it but constitutes the legal ground on which such judgment may be avoided, if relief be sought in the proper manner and within the proper time.</p> <p>2. Judgment — Death or insanity of defendants — Void and voidable.— When the court has acquired jurisdiction of the persons of defendants by service of citation, appearance and answer, the subsequent death or insanity of these parties during the pendency of the suit does not render the judgment against them void, they at the time being represented' by counsel, and no suggestion of the death or insanity having been made.</p> <p>3. Bill of review — Limitation.— After the expiration of two years from the date of such judgment, or the removal of the disability of insanity, there being • no concealment, in the case of fraud, preventing its discovery, it is too late to maintain a suit to set the judgment aside as voidable.</p> <p>4. Constitutional law.— Sec. 14, art. XII, of the constitution of 1869 does not apply to suits of that character.</p> <p>5. Intervention—Purchaser pendente lite.— One who, pending a suit involving property, purchases at a trust sale the interest of one of the parties in that property, occupies a position entitling him to intervene in that suit.</p> <p>6. Same—Notice op intervention.— Parties properly before the court are required to take notice of a petition of intervention, filed by leave of court, and though at the time of such intervention and judgment for intervenor, one of the defendants against whom judgment was rendered was dead, and another temporarily insane, yet, the court having acquired jurisdiction over them, and they having appeared and answered, being represented by counsel, and no suggestion being made of record of the death or insanity, the judgment rendered was not a nullity, hut was only voidable.</p> <p>7. Intervention—Rights op intervenor.— Where at the time the intervenor gets leave and