Hutchins v. Lockett

Citations

• 39 Tex. 165

Syllabus

<p>1. All matters of defense must be filed in the due order of pleadings, and that order requires that in all cases matters of law should be pleaded before pleas to the merits.-</p> <p>2. A judgment may be impeached in any proceeding upon the ground of fraud.</p> <p>3. Where the defendant claimed under a judgment rendered in a suit for specific performance, in which the purchase money tendered into court for two hundred acres of the land sued for had been withdrawn after judgment, held, that withdrawing the money was a fraud upon the judgment, and related back to its rendition, and nullified the whole.</p> <p>4. A judgment cannot be void in part and good in part; it must be either valid or void in whole ; and where fraud attaches to a part only of a judgment, the whole is a nullity.</p>