Laird v. Winters
Texas Supreme Court
Appeal from Lavaca. Tried .below before the Hon. Fielding Jones. This was an action of forcible entry and detainer brought by the appellee, before a justice of the peace of Lavaca county, on the 9th of March, 1857, to recover from the appellant the possession of three hundred acres of land.
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Appeal from Lavaca. Tried .below before the Hon. Fielding Jones. This was an action of forcible entry and detainer brought by the appellee, before a justice of the peace of Lavaca county, on the 9th of March, 1857, to recover from the appellant the possession of three hundred acres of land. Judgment being rendered in the Justice’s Court against the defendant, he removed the cause to the District Court by certiorari, .in his petition for which he alleged that, on the trial before the justice of the peace, he offered in evidence a transcript of a decree of the District Court of Gonzales county,…
1Opinion of the CourtBell, J.
We are of opinion that the decree rendered by the *442District Court of Gonzales county at the Fall Term, A. D. 1856, in the suit by G. F. and S. E. Henry against the heirs of Barney Randle, in so far as the said decree orders the sheriff to place the purchaser at the commissioner’s sale in possession of the tracts of land purchased by them respectively, could have no effect upon the rights of any person who was not a party to said decree, and did not, therefore, authorize the sheriff to execute the writ of possession in such manner as to turn out of possession any one not a party to the decree.…
2Cited by6 opinions
- Ivy v. IvyCourt of Appeals of Texas · 1908
- Richardson v. ReidCourt of Appeals of Texas · 1945
- Parish v. WhiteCourt of Appeals of Texas · 1893
- White House Lumber Co. v. DennyCourt of Appeals of Texas · 1934
- Granberry v. StoreyCourt of Appeals of Texas · 1910
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