On Motion for Rehearing.
Among other things, appellants, plaintiffs in the court below, alleged that the administrator’s deed by which the land involved in this suit was conveyed to the defendant Mrs. Williams was obtained through probate court proceedings by means of fraudulent acts and collusions by and between the administrator making the sale and Mrs. Williams, who purchased at the administrator’s sale; that the rights of no innocent purchaser had intervened, and that, by reason of the fact that Mrs. Williams had obtained title to the land by means of fraud, she holds such title in trust for the heirs of Isabella Carmichael, the plaintiff; that under the facts stated plaintiffs are entitled to the equitable title to said land.
We held that by the deed of said administrator the title to the land adjudged to Mrs. Williams passed to her absolutely, and that, as the probate court was a court of competent jurisdiction to pass upon the issues involved in the probate proceedings, culminating in the sale of the land to Mrs. Williams, such proceedings could not be collaterally attacked as the plaintiffs were attempting to do by their suit, and that the district judge before whom this eauge was tried did not err in disregarding all' testimony offered for the purpose of showing and which tended to support the collateral attack attempted to be made on the orders and decrees of the probate court culminating in the sale and conveyance of said land by the administrator to Mrs. Williams.
Appellants have filed their motion for rehearing and assign our holding above mentioned as error.
It seems to have been held by the Supreme Court that we erred in the holding complained of. Fisher v. Wood, 65 Tex. 199; Moore v. Snowball, 98 Tex. 16, 81 S. W. 5, 66 L. R. A. 745, 107 Am. St. Rep. 596; Nuckols v. Stanger (Tex. Civ. App.) 153 S. W. 931. We therefore recede from such holding, but, as we have reached the conclusion that the evidence received' and tendered did not or would not raise the issue of the fraud and collusion alleged, we still hold that the court did not err in instructing the jury to return its verdict in favor of the defendants for the land adjudged to them, and, as we have reached the further conclusion that the motion for rehearing presents no other error on our part, the same is refused.
Refused.