Cowan v. Brett
Court of Appeals of Texas
Appeal from the District Court of Fannin County. Tried below before Hon. Ben. H.' Denton.
1Opinion of the Court
KEY, Associate Justice.
Holt and Frank Brett brought this suit to set aside a former judgment upon the grounds (1) of fraud in procuring it; (2) a meritorious defense which was not presented; and (3) failure to file statement of testimony in the former suit, as required by statute, the defendants being served by publication. It was also alleged that the plaintiffs in this suit, who were defendants in the former suit, were minors at the time the former judgment was rendered. It was asked that the former judgment be set aside and a decree of partition entered dividing the lands referred to.
The…
2Cases cited4 opinions
- Wallis, Landes & Co. v. StuartTexas Supreme Court · 1899
- Snow v. HawpeTexas Supreme Court · 1858
- Thomas, Pusey & Co. v. JonesTexas Supreme Court · 1874
- Taliafero v. CarterTexas Supreme Court · 1889
3Cited by8 opinions
- Jones v. StateTexas Commission of Appeals · 1928
- Easterling v. SimmonsCourt of Appeals of Texas · 1927
- Southwestern Portland Cement Co. v. McBrayerCourt of Appeals of Texas · 1911
- Shell Petroleum Corp. v. Railroad CommissionCourt of Appeals of Texas · 1938
- International & Great Northern Railroad v. BellCourt of Appeals of Texas · 1910
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