Parker v.Spencer (61 Tex. 155, 1881)

Watts, J. Com. App.—

After the consent decree was entered in the case of George Lary et als. v. C. C. Binkley et als., the appellee Bomar brought suit in the district court of Grayson county against all the other parties to that decree, in which he sought to have the same vacated and the cause tried upon its merits. The grounds upon which he sought the relief were these: That his attorneys were not authorized to make the compromise and consent to the decree; that certain testimony taken by deposition by plaintiffs in that case was false, in this, that it was therein shown that Biley Dunman, the son, died after the death of his father, Sherrod Dun-man; that B. L. Parker, who took the depositions, was interested in the result of the suit, and that the plaintiffs and their attorneys knew at the time and before the entry of the decree that the evidence was false and that Parker was interested, and concealed these facts from his attorneys, who, not knowing of the falsity of the evidence or Parker’s interest in the subject matter of the controversy, Avere thereby deceived, and, by the plaintiffs therein urging a trial, his attorneys were induced to make the compromise and consent t