# Wootton v. Jones

> Court of Appeals of Texas · May 26, 1926 · 286 S.W. 680

URL: https://www.frixlaw.com/law-library/cases/9830431

## Case

- **Full name:** WOOTTON Et Ux. v. JONES Et Al.
- **Court:** Court of Appeals of Texas
- **Decided:** May 26, 1926
- **Citations:** 286 S.W. 680; 1926 Tex. App. LEXIS 734
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** McClendon
- **Cited by:** 57 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/9830431

## Opinion text

On Appellants’ Motion for Rehearing.
Appellants in their motion for rehearing, among other matters assigned, • request that the trial court’s judgment be affirmed in any event in so far as it sets aside the former judgment and proceedings thereunder for fraud, on the ground that no error is predicated upon this branch of the case. We would accede to this request but for the fact that the record is silent, as pointed out in our original opinion, upon whether appellants have been guilty of laches in reviving the suit as to Jones’s executor and devisees. Should it appear that the right to revive the suit has been lost by laches, then the original judgment must stand. Since we are reversing the judgment on other grounds, we think it proper under these circumstances to set aside the entire judgment.
The others matters complained of have had our careful consideration, and we are of the view that the motion should be overruled. It is so ordered.
Motion overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9830431. Public record. Not legal advice.