Long v. Brenneman

Citations

• 59 Tex. 210
• 1883 Tex. LEXIS 132

Syllabus

<p>1. Judgment — Collateral attack. — A judgment rendered before a justice of the peace, which recites that the defendant was duly cited, cannot be attacked on the ground that jurisdiction had not attached, in a collateral proceeding. Williams v. Ball, 52 Tex., 603, followed.</p> <p>2. Judgment — Void and voidable.— The failure to file a statement of the facts in evidence on the trial of a cause in 1876, before a justice of the peace, in which service was made by publication, did not render the judgment therein void, but only voidable on review, as provided in arts., 1488, 1489, Pasch. Dig.</p> <p>3. Limitation.— A purchaser from one whose interest in land was sold and conveyed under valid judgment at execution sale to another, before the date of his purchase, cannot prescribe under the three years’ statute of limitation. Wright v. Daily, 26 Tex., 730; Harris v. Hardeman, 27 Tex., 248, cited and followed.</p>