Texas Attorney General Opinion: V-902 Page: 2 of 7
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Hon. W. O. Shafer, Page 2 (V-902)
The manner and method of enforcing the collection of
delinquent ad valorem taxes is exclusively statutory, and the Legis-
lature has made comprehensive provisions covering the subject
which are in Chapter 10 of Title 122, Articles 7319 to 7345d, V.C.S.,
inclusive. No such procedure as contemplated by these purchasers
is anywhere provided for by statute, It appears that the judgments
in the tax foreclosure suts here involved have become final and
the necessary process incident to the sale of the property involved
has been executed. Whether the judgments upon which these sales
were predicated were valid or void is immaterial, as the purchas-
ers were not parties thereto and occupy no higher status than would
any other stranger to the j udgments. We will not pass upon the va
lidity of the judgments in question, as it makes no difference wheth-
er they be void or valid since our answer will be the same. If they
be valid, the purchasers certainly have no right to complain; and
if they be invalid, there is no legal basis upon which they may com-
plain, as they were in no manner parties to the suits or the judg-
ments and admittedly bought the property and paid their bids voalun-
tarily and not under duress. Even parties to suits and judgments
must complain if they desire to do so within the time and manner
prescribed by statute and the rules of civil precedure. It appears
that neither the plaintiffs nor the defendants have at any time, time-
ly or otherwise, made any complaint as to the judgments entered
in these cases,
The conclusions stated above find ample legal support,
as we shall proceed to show. 25 Texas Jurisprudence 568, Judg-
ments, Sec. 172, states the general rule as follows:
"All parties to the judgment should be before the
court when a vacation is sought. Ordinarily none but
the parties of record can have the jiisgment set aside;
but an exception to this rule exists as to per sons who
are necessarily affected by the judgment and who have
equities entitled to be protected from its operation."
The text cites as an example of this exception a judgment in tres-
pass to try title against a tenant without making the landlord a par-
ty stating, "the landlord may have the judgment set aside on motion
during the tern";'thas implying that even in instances of this kind
relief must be sought 4t a time when the court has jurisdiction to
grant it. A landlord has a vital and present interest in the property
at the time of the rendition of such a judgment against his tenant in
a suit in which he is not a party.
* emphasis supplied by the writer throughout this pinion.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-902, text, 1949; (texashistory.unt.edu/ark:/67531/metapth265721/m1/2/: accessed November 12, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.