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32 Tex. 460

Mitchell v. Meuley

Texas Supreme Court

Decided July 1, 1870

Texas Supreme Court · decided 1870-07-01

Tried below before the Hon. Peter W. Gray. This cause was tried in the court below at the Spring term, 1858. The general character of the litigation is indicated in the opinion of this court. The plaintiff, Meuleyj recovered judgment below. On the trial, he offered in evidence a transcript of the judgment of the Nueces District Court, which was the source from which he derived his title to the land in controversy.

Cited by 2 later decisions — most recently September 1925

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1870-07-01

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Walker, J.

¶1This was an action brought in the District Court to try title.

¶2The appellee claimed under a sheriff’s deed. The subject of controversy is a tract of 1280 acres of land, situate in Grimes county, sold on execution to satisfy a judgment rendered in the District Court of Nueces county.

¶3The appellant claims that the judgment of the District Court of Nueces county was void, and therefore the sale under it a nullity. The case is ably argued, and were the material and impending question one to be settled de novo, this court would feel called on, at least out of compliment to the able brief of appellant’s counsel, to discuss the question in extenso. But we think the entire case, or at least all that is material for us to notice, is settled by this court in the cases of Lewis’ Heirs v. White et al., 27 Texas, 250, and Withers and others v. Paterson, Id., 491. In the former case, the court says: “ The weight of authority seems to establish the proposition, that even when the record is silent on the subject of notice, the judgment of a court of this State, of general jurisdiction, will support itself and cannot-be impeached or called in question collaterally, because of any alleged want of jurisdiction over the parties to the decree.

¶4The judgment in this case was not void, nor could it be col*465laterally impeached. It was not error in the court below to permit the transcript to be. read in evidence on the trial of this • cause. The judgment of the District Court is affirmed.

¶5Affirmed.

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