Murchison v. White, 54 Tex. 78 (Tex. 1880)
Texas Supreme Court
Error from Anderson. Tried below before the Hon. Peyton E. Edwards. . Suit brought July 31, 1815, and on the 3d of June, 1818, an amended original petition was filed by leave of the court, by the heirs of T. B. White, deceased, and other heirs, against the heirs and executor of John Murchison, deceased, their assignees and others, in the form of an action in the nature of a bill of review to remove cloud from title, caused by alleged fraudulent administration, and to annul…
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Error from Anderson. Tried below before the Hon. Peyton E. Edwards. . Suit brought July 31, 1815, and on the 3d of June, 1818, an amended original petition was filed by leave of the court, by the heirs of T. B. White, deceased, and other heirs, against the heirs and executor of John Murchison, deceased, their assignees and others, in the form of an action in the nature of a bill of review to remove cloud from title, caused by alleged fraudulent administration, and to annul and set aside certain judgments and orders and proceedings of the county court of Anderson county, Texas, viz.: Order of…
1Opinion of the Court
Bonner, Associate Justice.
The material issues presented by the record in this case involve the right of the defendants in error, T. B. White et al., to impeach the judgments of the probate court, of Anderson county, by which administration was granted upon the estate of Stephen White, and a sale of property ordered thereunder; first, for want of jurisdiction; second, on the ground of fraud.
I. Impeachment of the judgment for want of jurisdiction.
Much confusion on this subject has arisen from an indiscriminate use of the words void and voidable.
A void act is one entirely null within itself, not…
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3Cited by163 opinions
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