recognizing in bill of 1'eview proceeding that fraudulent misrepresentations inducing execution of affidavit of voluntary relinquishment constitute extrinsic fraud
How later courts described this case
- recognizing in bill of 1'eview proceeding that fraudulent misrepresentations inducing execution of affidavit of voluntary relinquishment constitute extrinsic fraud
- recognizing in bill of review proceeding that fraudulent misrepresentations inducing execution of affidavit of voluntary relinquishment constitute extrinsic fraud
- finding claimant's uncontradicted assertion that she believed she was signing papers of guardianship, not adoption, sufficient to establish a defense of fraud
- issue was extrinsic fraud
Written by the judges who cited it.
The opinion
GREENHILL, Chief Justice
(dissenting).
I regard the testimony set out in the Court’s opinion as being only a scintilla of evidence of fraud on the part of the Searles or their counsel.
I agree with the judgments of the trial court and of the Court of Civil Appeals and with the opinion of the Court of Civil Appeals. 533 S.W.2d 433 .
SAM D. JOHNSON, J., joins in this dissent.