Steele v. Caldwell

GRISSOM, Justice.

H. I. Steele and others filed this suit in' trespass to try title to three tracts of land in Stephens County, against Kate Cret-singer Caldwell and husband, John Caldwell, on December 8, 1939. In a plea to the jurisdiction of the district court, defendants alleged this suit necessarily involved an attack upon a judgment of the probate court of Stephens County admitting the will of W. J. Cretsinger, deceased, to probate; defendants further alleged plaintiffs’ suit was a collateral attack upon, the judgment of the probate court; that more than four years had elapsed since said…