Watkins v. Davis

Citations

• 61 Tex. 414
• 3 Tex. L. R. 3
• 1884 Tex. LEXIS 115

Syllabus

<p>1. Collateral attack — Judgment.— The judgment of the court of a justice of the peace, rendered against a defendant in a proceeding in which service of citation on him is shown by the record, cannot be collaterally attacked on the ground that no service was made, and that the record which stated to the contrary was false.</p> <p>2. Homestead.— The surviving wife, though without children, is entitled to the protection afforded the homestead from forced sale after the husband’s death, so long as she uses it as homestead, or she may exchange it for another homestead, which will receive like protection. And it would seem that if the old homestead is sold with the intention of reinvesting the money in another, the unpaid purchase money cannot be reached by garnishment, or subjected by other process to the payment of debts.</p>