McLean v. Stith
Court of Appeals of Texas
Appeal from the District Court of Llano County. Tried below before Hon. Clarence Martin. FISHEB, Chibe Justice. Statement of the Hature and Eesult of suit and Findings of Fact. This is an action by appellee Stith in the nature of a bill of review to set aside and annul a certain judgment rendered by the District Court of Llano County, in cause Ho. 901 on December 18, 1895, and to set aside a sale made under an order of court based on that judgment.
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Appeal from the District Court of Llano County. Tried below before Hon. Clarence Martin. FISHEB, Chibe Justice. Statement of the Hature and Eesult of suit and Findings of Fact. This is an action by appellee Stith in the nature of a bill of review to set aside and annul a certain judgment rendered by the District Court of Llano County, in cause Ho. 901 on December 18, 1895, and to set aside a sale made under an order of court based on that judgment. The judgment was predicated upon a petition wherein it is alleged that appellee Stith brings suit for himself and the use and benefit of Mrs. S.…
1Opinion of the Court
OPINION ON REHEARING.
Delivered June 17, 1908.
1. Lis pendens does not necessarily terminate upon rendition of judgment, but may continue for a reasonable time thereafter to perfect appeal or remedy to set it aside; and this, as to time, must depend upon the facts of the particular case. 2 Pom. Eq. (2d. ed.), secs. 634 to 641; 21 Am. & Eng. Encyc. L., 2d ed., 618, 619 and note 3.
2. As additional authorities on the question that the four years statute of limitation applies, we cite Cetti v. Dunman, 64 S. W., 789, writ of error refused; McCampbell v. Durst, 40 S. W., 317; San Antonio National…
2Cases cited7 opinions
- Ayres v. DupreyTexas Supreme Court · 1864
- Marks v. CowlesSupreme Court of Alabama · 1878
- Searcy v. HunterTexas Supreme Court · 1891
- Weaver v. NugentTexas Supreme Court · 1888
- Garvin v. HallTexas Supreme Court · 1892
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3Cited by16 opinions
- Garza v. KenedyTexas Commission of Appeals · 1927
- Wolf v. SahmCourt of Appeals of Texas · 1909
- Arlington Heights Realty Co. v. Citizens' Ry. & Light Co.Court of Appeals of Texas · 1913
- Prudential Corporation v. BazamanCourt of Appeals of Texas · 1974
- Ball v. NortonTexas Commission of Appeals · 1922
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