Campbell v. Richards

On Motion for Rehearing.

Appellants present a lengthy motion for rehearing which we will not undertake to discuss in detail. We think the controlling questions presented by their assignments of error have been sufficiently, though briefly, discussed in our original opinion, and, inasmuch as we have been unable to arrive at final conclusions at variance with those originally expressed, we think the motion for a rehearing must be overruled.

[4] To what we originally said, however, we add that in addition to the failure of appellants to show a sufficient excuse for their failure to appear before the district court and there contest appellees’ motion to set aside the sheriff’s deed and the deed to the Virginia Company as colorable, they also failed to show a meritorious defense, and such a showing in an application to set aside a judgment, of a character of the one from which this appeal has been prosecuted, is *535uniformly held to be necessary. See Merrill v. Roberts, 78 Tex. 28, 14 S. W. 254; Johnson v. Templeton, 60 Tex. 238.

Motion for rehearing overruled.