Pena v. Hammond

HUTCHESON, Circuit Judge.

The suit was for an injunction to prevent the defendant from executing a writ of possession issued out of Pena v. Bourland, D.C., 72 F.Supp. 290, to enforce judgment rendered therein on October 6, 1947.

The claim was that the judgment was void because based on a state court judgment in cause No. 2082 on the docket of the District Court of Starr. County, Texas, styled W. S. Parks v. Howard L. Bass et al., which was also void.

The defense was: that the judgment of October 6, 1947, under the authority of which the record was issued, had become and was a final judgment…