Denni v. Elliott
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Geo. N. Aldredge. Appellants brought this suit to enjoin a writ of possession issued upon a judgment of the district court of Dallas county rendered in favor of Elliott, and against A. Coiret, for certain lots in the city of Dallas.
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Appeal from Dallas. Tried below before the Hon. Geo. N. Aldredge. Appellants brought this suit to enjoin a writ of possession issued upon a judgment of the district court of Dallas county rendered in favor of Elliott, and against A. Coiret, for certain lots in the city of Dallas. The case made was as follows s In suit by the McCommas heirs v. C. N. & C. Coiret, a consent decree was made and entered by the district court of Dallas county, December, 1875, whereby five-sixths of the property in controversy was adjudged to the McCommas heirs and one-sixth was adjudged to Coiret and wife, and the…
1Opinion of the Court
Watts, J. Com. App.
Appellants claim that the decree- in the case of John McCommas et al. v. C. N. Coiret et al. is void, and, therefore, subject to collateral attack. Mrs. C. N. Coiret, a party to that proceeding, had been adjudged insane some time previous to entering the decree, and- was in the asylum at that time, but it does not appear that any guardian was appointed, and no notice of her insanity was taken in the case. The decree was made and entered upon the agreement of the attorneys representing the parties to the *339suit. A.nd this suit is by the surviving husband and the children of…
2Cases cited8 opinions
- Cannon v. HemphillTexas Supreme Court · 1851
- Giddings v. SteeleTexas Supreme Court · 1866
- Elston v. JasperTexas Supreme Court · 1876
- Mills v. AlexanderTexas Supreme Court · 1858
- Clarke v. DunhamNew York Supreme Court · 1847
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3Cited by14 opinions
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- Montagne v. Cherokee CountySupreme Court of Iowa · 1925
- Garlington v. WassonCourt of Appeals of Texas · 1955
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- Mitchell v. GalesDistrict of Columbia Court of Appeals · 2013
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