Parker v.Spencer

Citations

• 61 Tex. 155

Syllabus

<p>1. Final judgment — Appeal.— A judgment dismissing a suit is a final judgment from which an appeal can be taken.</p> <p>'2. Res adjudicata.— A judgment on demurrer which goes to the merits of a petition or answer is as conclusive a former adjudication as would be a judgment on the merits, and is binding upon the parties until reversed, vacated or set aside.</p> <p>:3. Void judgment — Collateral attack. — One against whom a judgment is rendered, in proceedings to which he was not made a party in any of tile modes recognized by statute, and who was represented by an attorney having no authority to represent him, may either have the judgment vacated by direct proceedings begun for that purpose, or treat it as void in any collateral proceeding against him, in which rights under the judgment are asserted against him.</p> <p>4. Land certificate.— A parol partition of a land certificate before its issuance between several entitled to an interest therein, which determined the interest of each, which was acted on by them, recognized, conveyances made in pursuance thereof and possession taken, is binding on the parties to such partition.</p> <p>5. Registration — Deed — Limitation. — A deed for land, the purchase money on which had not been paid, was delivered to an attorney, who at once recorded and retained the same, with directions to deliver it formally when the purchase money was due, two years thereafter. Held, that the final delivery two years after the execution of -the deed related back to the date of its execution and registration, so as to constitute the possession of the purchaser a holding under a deed duly recorded.</p> <p>6. Archives.— All transfers of land certificates on file in the general land office are, under the fourth section of the act of June 2, 1873, archives of that office, and certified copies thereof are admissible in evidence as the originals would be.</p> <p>7. Statute construed.— The statute which requires that pleadings may he amended before