Marshall v. Lockhead
Court of Appeals of Texas
245 S.W.2d 307 (1952)
Marshall (plaintiff) owned two lots but failed to pay taxes on them; in a prior delinquent-tax action, he was cited but never appeared, and the court entered judgment divesting him of title and ordering the lots sold. Marshall collected $626.41 from the sale of one lot, while the other was sold and conveyed to Lockhead (defendant). Marshall then sued Lockhead in Texas state court to set aside the earlier judgment and recover title and possession of the second lot, arguing that judgment was void because he had never been served with citation or entered an appearance. The trial court ruled against Marshall, and he appealed.
Whether a party who accepts and retains the benefits of a judgment may later move to set that judgment aside.