Teas v. Robinson
Texas Supreme Court
Appeal from Walker. The plaintiff in error (who was plaintiff also below) alleges that the judgment was rendered in favor of one Wm.
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Appeal from Walker. The plaintiff in error (who was plaintiff also below) alleges that the judgment was rendered in favor of one Wm. McDonald, now deceased, against the said plaintiff, one A. J. Stevens and one John Cotton, also deceased, which judgment was to the effect that a deed for a tract of land, executed by the said A. J. Stevens, as Sheriff of Walker county, to the petitioner, was fraudulent, null and void, and should be set aside; and he father alleged that before any steps were taken to remove the cause to the Supreme Court, the said Wm. McDonald departed this life, and Benjamin W.…
1Opinion of the Court
Hemphill, Ch. J.
We are of opinion that there is no error in the judgment of the District Court. There is no statutory provision authorizing the party against whom there is judgment in the District Court, to have that judgment revived in that Court against himself, the opposite party being dead, for the sole purpose of making parties to the judgment, and placing it in a condition to be susceptible of transfer to the Supreme Court. The District Court is not the tribunal in which to seek redress under the circumstances. But the party, as will be seen in the progress of this opinion, is not…
2Cited by12 opinions
- Smith v. HengerTexas Supreme Court · 1950
- LeCroy v. HanlonTexas Supreme Court · 1986
- State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
- Gulf, Colorado & Santa Fe Railway Co. v. Fort Worth & New Orleans Railway Co.Texas Supreme Court · 1887
- Pendley v. Berry & TowlesTexas Supreme Court · 1901
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