Citations
- 453 S.W.2d 314
Full opinion text
OPINION
GREEN, Chief Justice.
Appellant Gloria M. Farias filed in the 94th District Court of Nueces County, Texas, her petition as a Bill of Review, same being Cause No. 101,037-C in that court, seeking to have the court set aside a default judgment rendered against her in Cause No. 97,410-D. She also prayed for in-junctive relief restraining appellees Mary Alice Besteiro and husband, Doro Besteiro, (plaintiffs in the default judgment case) and the sheriff of Nueces County from proceeding with an execution sale under such judgment. Special exceptions contained in appellees’ answer were sustained by the court and appellant was given an opportunity to amend. Upon appellant’s refusal to amend, judgment was entered dismissing the bill of review action with prejudice. Motion for new trial was overruled, and appellant has perfected her appeal to this Court.
Appellant’s allegations as to the nature of the cause filed against her by appellees (No. 97,410-D) and of the default judgment taken therein are very general. The sole allegations in the bill of review concerning the nature of Cause No. 97,410-D and the judgment, and appellant’s defense, are as follows:
“II.
“Plaintiff says that on October 10, 1966, her father purchased the property in question, being Lot 32, Block 8, Casa Linda Estates No. 5, a subdivision of the City of Corpus Christi, Texas. On March 3, 1967, the said Eloy Farias transferred his right, title and interest in the above property to Gloria M. Farias, Plaintiff herein, with the consent and approval of the seller of this property, the said Gloria M. Farias assuming the loan owed for the purchase price of said property. On April 7, 1967, the seller, Henry L. Tucker, conveyed by Deed of Trust the above property to Plaintiff herein, the said Gloria M. Farias. In addition to assuming the payment of the loan balance on this property, the said Plaintiff has paid several thousand dollars for the purchase price thereof and has continued making the monthly payments due on the loan balance of this property. Plaintiff says that neither Mary Alice Besteiro nor her husband Doro Besteiro have any legal or equitable interest in the above described property. That Plaintiff does not owe the Besteiros any money nor do the Besteiros have any interest in the above described property.
III.
On May 24, 1968, Mary Alice Besteiro and her husband sued the Plaintiff on an alleged oral agreement concerning the above mentioned property. In their petition, the Besteiros alleged an oral agreement between Mary Alice and Plaintiff herein, the payment by Mary Alice Bes-teiro of Ten Thousand ($10,000) for the purchase of the above mentioned property and a debt owing by Plaintiff herein to Mary Alice Besteiro, her sister. All of these allegations were false.
VII.
Plaintiff says that she has a meritorious defense to the petition filed by the Besteiros against her in Cause No. 97410-D, from which Cause’s judgment was rendered against Plaintiff through circumstances beyond her control. Plaintiff’s defense is that she does not owe the Besteiros any money and that they have no interest either legal or equitable in the above described property. That any monies paid by the Besteiros for the purchase price of this property was a loan to them from Plaintiff’s father who has transferred all of his interest in this property to Plaintiff herein. Plaintiff says that she has evidence to prove her payment of the purchase price monies of the above described property. That she has a written statement, sworn to by the Besteiros, acknowledging her to be the rightful owner of the above mentioned property that she has receipts, Deeds and other instruments to Show her rightful ownership