Margaret O'BOyle v. John R. Bevil, Jr.

Of the opinion that under settled law the effort in this suit constitutes a collateral attack on judgments which, containing plain jurisdictional recitals and no recital contrary thereto, must be accorded absolute verity and are, therefore, not subject to collateral attack,1 I dissent from the opinion and decision of the majority.

The rule here relied on is thus correctly stated in Bemis v. Bayou Development Co., Tex.Civ.App., 184 S.W.2d 645, at page 648:

“In other words, this court fails to join the appellant in finding any fundamental error apparent upon the face of the foreclosure-judgment,…