PHB, INC. v. Goldsmith

CURTISS BROWN, Chief Justice.

This is a proceeding in the nature of a bill of review.

PHB, Inc. (PHB or appellant) filed a “Petition for Bill of Review” seeking to vacate a prior default judgment in which Mrs. W. T. Goldsmith (appellee) was awarded (as against PHB) title to and possession of certain real property. Mrs. Goldsmith’s motion for summary judgment was granted by the trial court, and PHB has appealed.

The prior suit, styled “PHB, Inc. v. Luke Bennett, et a 1,” was a trespass to try title action instituted by PHB in 1970. Although no service was ever issued, Mrs. Goldsmith, one of the…