Nichols v. Dibrell

Citations

• 61 Tex. 539
• 1884 Tex. LEXIS 141

Syllabus

<p>1. Judgment, conclusiveness of.— The judgment of a court of competent jurisdiction is conclusive, not only as to the subject matter determined, but as to every other matter which the parties might have litigated in the case and had decided, and a plea of res judicata applies to all such matters. Even the wife, when a litigant, is bound by this rule. For exceptions to the role see opinion.</p> <p>S¡. Same.— Hence,- when, in a suit involving title to a large tract of land, judgment is recovered, the unsuccessful party cannot, in a subsequent proceeding, litigate his right against the successful party to a homestead on a portion of the land, claim to which as a homestead had not been asserted in the first suit. The first judgment operated as an estoppel against the children of the unsuccessful party setting up homestead rights in the land.</p> <p>8. Bill of review.— One who seeks by bill of review to reopen litigation once concluded by a judgment against him must allege and prove facts showing that he was prevented from making a proper defense tti the former action, by fraud, accident, or act of the opposing party, without fault or negligence on his part.</p>