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Marshall v. Lockhead

Court of Appeals of Texas
245 S.W.2d 307 (1952)


Facts

Marshall (plaintiff) owned certain realty, Lots 6 and 18, but failed to pay taxes on the property. In a prior action for the collection of the delinquent taxes, Marshall was duly cited but did not enter any appearance. As a result, the court entered judgment against Marshall. Pursuant to the court’s judgment, Marshall was divested of title to Lots 6 and 18 and an order of sale was issued for each lot. Both lots were sold. Marshall collected $626.41 from the sale of Lot 6. Lot 18 was sold and conveyed to Lockhead (defendant). Subsequently, Marshall brought this action against Lockhead in a Texas state court to set aside the prior judgment and to recover the title and possession of Lot 18. At trial, the court entered judgment against Marshall. Marshall appealed, arguing that the prior judgment was invalid and void because he was not served with citation and did not enter any appearance in the earlier action.

Rule of Law

Issue

Holding and Reasoning (Hale, J.)

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