Restivo v. Franklin

TIREY, Justice.

This is a suit (non-jury) in trespass to try title. The court awarded to plaintiff a 5/8th undivided interest in said property and decreed that defendants take nothing, and they have appealed.

Point 1 is substantially that since the evidence shows that defendants acquired and held the property under sheriff’s deed made pursuant to an order of sale issued on a judgment valid on its face, and since the sheriff’s deed recited the judgment, order of sale, and levy and sale of the property, such judgment was not subject to collateral attack.

Plaintiff’s petition conformed to Rule 783,…