Garza v. Kenedy

The writ of error herein was granted to review the holding of the Court of Civil Appeals for the Fourth district, affirming the judgment of the trial court which sustained a general demurrer and certain special exceptions resulting in a dismissal of the plaintiffs’ case. 291 S. W. 615. The plaintiffs’ action was one to cancel a certain judgment of foreclosure and a sale of land thereunder and to recover an interest in the land. The holding of the Court of Civil Appeals is predicated expressly upon the ground that the suit is a collateral attack upon the judgment for grounds showing at most…