Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 139
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1875.] YORK v. CARTWRIGHT. 139
Argument for the appellees.
trict Court of Henderson county against the appellees.
The appellants claim to be the surviving wife and legal
heirs to Aaron York, to whom 'the land in controversy
was patented by the State of Texas. The appellants, in
their action of trespass to try title, sought to inquire into
the validity of a judgment in the District Court of HIenderson
county, rendered at the April term, 1856, in favor
of Henry W. Sublett and others v. Aaron York, by which
judgment all the right and title of Aaron York to the land
in controversy was divested and fully invested in the said
Henry W. Sublett and others. The appellants sought to
avoid said judgment in their said action of trespass to try
title upon three distinct grounds: 1st. That at the date of
said judgment Aaron York was dead; 2d. That said judgment
was fraudulently procured, and therefore void; 3d.
That said judgment was void because it was rendered in
the District Court of Henderson county when Aaron York
was then notoriously residing in San Augustine county.
The appellees excepted to the legal sufficiency of the
pleadings of appellants to investigate in this actipn the
question of the validity of said judgment after so great a
lapse of time.
The district judge, after hearing the said exceptions,
sustained the exceptions, and appellants failing to ask
leave to amend their pleadings, the cause was dismissed
at the cost of appellants, from which judgment dismissing
their suit the appellants have appealed to this court; and
the question here for decision is, whether the court below
erred in sustaining the exceptions of appellees.
This court has repeatedly held that the death of plaintiff
or defendant to a judgment at the date of judgment does
not render such judgment void, but voidable only, and
that the validity of such a judgment cannot be inquired
into in a collateral proceeding. (Weaver v. Shaw, 5 Tex.,
286; Mills v. Alexander, 21 Tex., 154; Thouvenin v. Iodrigues,
24 Tex., 468.)
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/147/: accessed April 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .