Legal Opinion

York v. Cartwright

Texas Supreme Court

Decided July 1, 1874PublishedCited by 6 opinions

Appeal from Henderson. Tried below before the Hon. A. J. Fowler. This was an action of trespass to try title, brought by Rebecca York, Robert A. York, Milton G-. York, and Mary York, against Amanda Cartwright, Americus Cartwright, Leonidas Cartwright, Matthew Cartwright, Anna Roberts, formerly Anna Cartwright, and her husband, Ben.

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Appeal from Henderson. Tried below before the Hon. A. J. Fowler. This was an action of trespass to try title, brought by Rebecca York, Robert A. York, Milton G-. York, and Mary York, against Amanda Cartwright, Americus Cartwright, Leonidas Cartwright, Matthew Cartwright, Anna Roberts, formerly Anna Cartwright, and her husband, Ben. Roberts, Mary Ingram, formerly Mary Cartwright, and her husband, James Ingram, for a league and labor of land in Henderson county, patented to Aaron York, August 7, 1850. The defendants, Anna Roberts and her husband, claimed the land and excepted to the petition,…

1Opinion of the Court

Moore, Associate Justice.

The court did not err in sustaining appellees’ exception to appellants’ petition. The object and purpose for which the suit was brought was to review, set aside, and have declared null and void the judgment referred to and described in appellants’ petition, for the various grounds therein particularly set forth.

The appellees were not parties to the suit now sought to be impeached, nor have the parties to it been made parties to this suit. Uor lias any reason been given why this is not done. If the judgment brought in question is, in fact, an absolute nullity, as…

2Cited by6 opinions

  1. Hartel v. DishmanTexas Supreme Court · 1940
  2. Dial v. MartinCourt of Appeals of Texas · 1928
  3. Oldham v. McIverTexas Supreme Court · 1878
  4. Hare v. Fort Smith & Western RailroadSupreme Court of Arkansas · 1912
  5. Wichita Land & Cattle Co. v. WardCourt of Appeals of Texas · 1892

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