Fleming v. Seeligson
Texas Supreme Court
Appeal from Galveston. Tried before the Hon. Gustave Cook, as special judge, the Hon. Wm. H. Stewart being disqualified. This suit was instituted January 21, 1878, by J. Presley Fleming against Henry Seeligson and Wm. A. Ellis, the petition being in the ordinary form of trespass to try title to lots 1, 2 and 3, in block 84, in the city of Galveston.
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Appeal from Galveston. Tried before the Hon. Gustave Cook, as special judge, the Hon. Wm. H. Stewart being disqualified. This suit was instituted January 21, 1878, by J. Presley Fleming against Henry Seeligson and Wm. A. Ellis, the petition being in the ordinary form of trespass to try title to lots 1, 2 and 3, in block 84, in the city of Galveston. By amended petition filed April 18, 1878, the plaintiff sought to have a certain judgment and two different sales under different deeds of trust, under all of which defendant Seeligson claimed title, vacated and declared fraudulent and void, and…
1Opinion of the Court
Bonner, Associate Justice.
We will, as most favorable to the rights of appellant Fleming, for the purposes of this opinion, consider this as a direct proceeding in the nature of a bill in equity to review and set aside judgment in cause Mo, 5545 for alleged fraud, and not as an indirect proceeding in which this issue is collaterally presented.
Thus viewed, both questions, whether that judgment is only voidable or is absolutely void, can be considered, when, if it were a collateral attack, the latter only could be.
The facts constituting the alleged fraud are specifically set out in the pleadings…
2Cases cited7 opinions
- Chambers v. HodgesTexas Supreme Court · 1859
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