Brown v. Brown
Texas Supreme Court
Appeal from Havarro. Tried below before the Hon. D. M. Prendergast, special judge. On July 22, 1882, appellant brought this suit against appellee to vacate and annul a judgment of partition, in a suit of D. M. Brown, against appellants, rendered May, 1877. The judgment, it is claimed, was procured by and through the fraud of D. M. Brown, deceased.
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Appeal from Havarro. Tried below before the Hon. D. M. Prendergast, special judge. On July 22, 1882, appellant brought this suit against appellee to vacate and annul a judgment of partition, in a suit of D. M. Brown, against appellants, rendered May, 1877. The judgment, it is claimed, was procured by and through the fraud of D. M. Brown, deceased. D. M. and L. A. Brown, the father and mother of some of the appellees, and the grandparents of the others, were married in 1840. L. A. Brown died in 1871, and D. M. married appellee, Mary E. Brown, in October, 1872. It is alleged that in October,…
1Opinion of the Court
Watts, J. Com. App.
— This is a direct proceeding to vacate and annul a judgment of partition, on the ground that it was obtained *48by fraud. In the court below exceptions were sustained to the petition and trial amendment, and the cause was dismissed.
The objections as presented by the exceptions were these: That the suit was brought more than two years after the judgment was rendered, and hence came too late; that appellants did not sufficiently show but that by reasonable diligence they might have discovered the fraud prior to the rendition of the judgment, or at least long before the time…
2Cases cited6 opinions
- Smith v. FlyTexas Supreme Court · 1859
- Munson v. HallowellTexas Supreme Court · 1863
- Anding v. PerkinsTexas Supreme Court · 1867
- Alston & Hutchings v. RichardsonTexas Supreme Court · 1879
- Ripley v. WitheeTexas Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Borderlon v. PeckTexas Supreme Court · 1983
- Sherman v. SipperTexas Supreme Court · 1941
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- Port Arthur Rice Milling Co. v. Beaumont Rice MillsTexas Supreme Court · 1912
- Dunn v. TaylorCourt of Appeals of Texas · 1906
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