Powell v. Haley
Texas Supreme Court
Appeal from Navarro. The case was tried by W. F. Daniel, Esq., a special judge, chosen by the parties because of the interest of Hon. Nat. M. Burford, the presiding judge.
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Appeal from Navarro. The case was tried by W. F. Daniel, Esq., a special judge, chosen by the parties because of the interest of Hon. Nat. M. Burford, the presiding judge. Trespass to try title to the “Enoch Friar league” of land, instituted by Charles Q. Haley against Henry W. Powell and several other defendants, on the 11th of November, 1854. The heirs of W. H. Harris, on the 2d of December, 1854, intervened, claiming to be the real owners of the land, by virtue of a conveyance from Friar to their ancestor, of date the 1st of January, 1838. In November, 1855, the intervenors filed…
1Opinion of the CourtDonley, J.
—It is not perceived that the appellant was deprived of making any defense to the action that the Prudhommes, under whom he alleges to claim, could have made. The persons sought to be made parties were nonresidents. It was not error to refuse a continuance of the cause for the purpose of making them parties.
The affidavit of the defendant, made on the 19th of June, 1854, was proper evidence to be considered by the jury as an admission of appellant that he did not rely upon the title derived from the Prudhommes, and the objection to the testimony was properly overruled.
It is assigned as error,…
2Cases cited1 opinion
- Baldridge v. GordonTexas Supreme Court · 1859
3Cited by11 opinions
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- Ewing v. Wilson & HowellTexas Supreme Court · 1885
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