Janson v. Jacobs

Citations

• 44 Tex. 573

Syllabus

<p>1. Bill of review—Probate matters.—The bill of review provided in the probate act of 1870 (Paschal’s Dig., art. 5791) is not governed by the rules of chancery practice in bills of review; it applies as well to error growing out of fraud or mistake only evident from facts shown in the bill, as to error in law manifest in the record.</p> <p>2. Same—Practice.—Such bill of review is sufficient if it states the substance of the proceeding sought to be revised, and the facts relied on for relief from the action of the court complained of.</p> <p>3. Same.—If an order of the court in probate matters casts a cloud on the right of an heir or devisee, creating an obstacle in asserting such right, (as in a compromise by an administrator of a judgment obtained by him in behalf of the estate and by him compromised, which judgment was compromised by mistake or fraud,) such order by bill of review may be annulled, and the party in interest allowed to use the name of the administrator in proceedings asserting his rights; the administrator and the defendants in the judgment being necessary parties.</p> <p>4. Same.—The decree would, however, only extend to the revision of the act of the court in administering the estate; the judgment affected by the compromise could not be litigated in such proceeding.</p> <p>5. Practice.—It was proper, on sufficient allegations and proof, to annul a decree approving a compromise of a judgment and allowing the devisee to use the name of the administrator in asserting his rights under an administrator touching property devised to her.</p>