# State Mortgage Corp. v. Traylor

> Court of Appeals of Texas · October 22, 1930 · 32 S.W.2d 887

URL: https://www.frixlaw.com/law-library/cases/3943275

## Case

- **Full name:** State Mortgage Corporation v. Traylor.
- **Court:** Court of Appeals of Texas
- **Decided:** October 22, 1930
- **Citations:** 32 S.W.2d 887
- **Precedential status:** Published
- **Opinion:** Addendum
- **Judges:** Cobbs, Fly, Smith
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3943275

## Opinion text

I concur in the result, but not in the holding that the judgment in the tax suit was void because of failure of service in that suit upon C. H. Brown, then owner of the property in controversy.
Due and proper service upon Brown was recited in that judgment, and not otherwise disproven in that record. In such case such recital of proper service imports absolute verity, and, when questioned in a collateral proceeding, must be tested alone by the record made in that suit. In other words, in such case, even though there was no service in fact, a judgment reciting proper service, though voidable, is not void. It may not be questioned collaterally, as is done here, but only in a direct proceeding brought for that purpose. Treadway v. Eastburn, 57 Tex. 209 ; Dunn v. Taylor, 42 Tex. Civ. App. 241 , 94 S.W. 347 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3943275. Public record. Not legal advice.