Texas Supreme Court

S. E. White v. M. M. White

April 5, 1944142 Tex. 499

Summary

The Texas Supreme Court reversed the lower courts, holding that the earlier partition judgment is res judicata and cannot be collaterally attacked, that the district court had proper jurisdiction, and that a probated will serves as a muniment of title until set aside; consequently the land must be sold and the proceeds divided among the eight heirs as dictated by the first partition judgment.