Harn v. Phelps

Citations

• 65 Tex. 592
• 1886 Tex. LEXIS 714

Syllabus

<p>1. Final judgments—Conclusive between parties—Equity—When, in the exercise of lawful power, a court has rendered a final j'udgment, it must be held conclusive between the parties thereto, except in a proceeding appellate in character, unless some ground other than that it is probably unjust is shown, which, under the settled rules of law, is deemed sufficient to authorize a court of equity to re-examine the case. (Citing Johnson v. Templeton, 60 Tex. 238 ; and Morris v. McKee, 61 Tex. 413.)</p> <p>2. Same—Separate proceedings to set aside—What necessary to be shown— To entitle one to a decree in a separate proceeding brought to set aside a judgment in a suit in which she was a party, rendered by a court having jurisdiction of the subject-matter and the parties, she must show that she was prevented from urging against the judgment of which she complains objections which would or ought to have prevented its rendition ; and that such prevention resulted from fraud, accident, or the acts of the adverse party, without any fault or negligence on her part. (Citing Goss v. McClaren, 17 Tex. 107 Plummer v. Power, 29 Tex. 7; Vardeman v. Edwards, 21 Tex. 737; Overton v. Blum, 50 Tex. 417, and other authorities.)</p> <p>3. Suits—Poverty no excuse for neglect to prosecute—The fact that a party is poor is no reason why he should not be held to the same rule of diligence in the prosecution of suits instituted by himself that is prescribed for other persons.</p> <p>4. Suits for partition—Failure of title to property apportioned to party— Nature of his relief—If the title to land set apart to one, in a suit between her and others for partition, fails by reason of facts existing at the time partition was made, she will, upon proper averment, be entitled to the same relief against those who received shares in the partition suit as though each of them had conveyed to her by deed, with general warranty of title, the land therein apportioned to her; and she will also be entitled to re