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: 142
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142 MCPHAIL v. BURRIS. s7yler Term,
Statement of the case.
tion. But when the leading object and purpose of the
suit is to vacate and annul a judgment of the court, as
plainly appears from the petition to be the fact in this instance,
the parties to ihe original suit or their privies are
necessary parties to it. A judgment is a vested right in
tlhe parties by whom it is recovered. If it is sought to review,
correct, cancel, or annul it, either in the court in
which it is pronounced or in an appellate tribunal, the
parties to it or their privies must be given the opportunity
of being heard before it can be done. If not, and such
proceeding was of force, the parties interested in the judgment
would be deprived of the right invested in them
thereby without having their day in court.
The petition being fatally defective for want of proper
parties, it is unnecessary to consider the other exceptions
which were taken to it.
The judgment is affirmed.
DAVID MCPIAIL ET AL. v. W. M. V B RIs.
1. IHEAD-RIGHT--BOARD OF LAND COMMISSIONERS.-It was part of
the duty of the Board of Land Commissioners to determine the class
to which each head-right certificate belonged, and their action in so
doing cannot be attacked collaterally, if at all.
2. RECITALS.--The recitals in a land certificate are binding upon all
persons claiming under it.
3. TAX SALES-RETROSPECTIVE LiAW.-The act of February 11, 1860,
(Pas. Dig., 5188,) making the assessor's deed prima facie evidence
that all the prerequisites of the exercise of the power to sell land for
taxes had been complied with, does not enlarge the legal import of
a tax deed made prior to the passage of such law. Such law will not
be given a retrospective effect.
APPEAL from Harrison. Tried below before the Hon.
J. . Williamson.
Wmn. M. Burriss, June 10, 1870, brought an action of
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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/m1/150/: accessed April 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .