State v. Rhodes

DIXON, Chief Justice.

This is an appeal by the State of Texas from a judgment setting aside a sheriff’s deed executed by the Sheriff of Dallas County, Texas, following a tax foreclosure sale. The suit was instituted by the City of Dallas against the State of Texas, Bill Decker, Sheriff of Dallas County, Texas, and H. R. Fender, purchaser of certain property at the tax sale.

The city’s petition and amended petition were denominated as motions in the trial court and they were filed under the same cause, number as the original tax foreclosure suit. However in form and substance these pleadings are…