South Texas Development Co. v. Higgins

CODY, Justice.

This is the second appeal of this cause with the same subject-matter, between the same parties, and essentially upon the same pleadings; the first appeal having been determined by the Supreme Court of Texas on February 4 of 1931, as reported in 35 S.W.2d 98, 99. The determinative part of that court’s opinion therein was this: “The foreclosure judgment of July 10, 1897, against Pompey, Joseph, Hannah, and Eliza, was a valid judgment; and the foreclosure sale thereunder, on September 7, 1897, operated to divest them of all their rights in the land and vest same in Masterson.…