Montgomery v. Kennedy

ROBERTSON, Justice.

Virginia Lou Wilkinson Montgomery and her children sued Jack B. Wilkinson, Jr. and Virginia McEntire Kennedy in a bill of review to set aside a prior agreed judgment. The trial court rendered summary judgment for defendants. The court of appeals affirmed, holding plaintiffs’ evidence of fraud raised at most an issue of intrinsic fraud, not sufficient to justify a bill of review. 651 S.W.2d 814. We reverse the judgments of the courts below and remand the cause to the trial court.

Defendants’ motion for summary judgment expressly set forth a number of alternative contentions.…