McCreery v. Fortson

Citations

• 35 Tex. 641

Syllabus

<p>1. The principle of law that a judgment of a court of competent jurisdiction cannot be collaterally impeached is too well settled to be now called in question.</p> <p>2. R. bargained for a tract of land in 1851, giving his notes for the purchase money, and receiving his vendor’s bond for the title. In 1856, R. being then dead, and the land not paid for, the probate court set aside 200 acres of the tract as the homestead of his family. Held, that this order of the probate court was without authority of law, for the reason that the purchase money remained unpaid, and the title had never vested in R.</p> <p>3. Under a decree of a district court, an entire tract of land was sold for the payment of an unpaid balance of purchase money; but previous to the rendition of the decree, the vendee had died, and the probate court had set aside to his family a portion of the tract as their homestead. Held,, that this homestead claim could avail nothing against the title of the purchaser under the decree of the district court; which decree cannot be collaterally impeached on the ground that the sale of a part only of the tract would have sufficed to satisfy the unpaid purchase money, leaving unsold the portion claimed as the homestead.</p>