Ney v. Mumme
Texas Supreme Court
Appeal from Medina. Tried below before the Hon. T. M. Paschal. Joseph Hey brought this suit for partition of three hundred and twenty acres of land against appellee, L. A. Mumme, claiming* two hundred and forty acres undivided interest in survey Ho. 118, in Medina county. Appellee filed special and general exceptions and, a cross-bill in trespass to try title. Appellant answered appellee’s cross-bill by general denial.
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Appeal from Medina. Tried below before the Hon. T. M. Paschal. Joseph Hey brought this suit for partition of three hundred and twenty acres of land against appellee, L. A. Mumme, claiming* two hundred and forty acres undivided interest in survey Ho. 118, in Medina county. Appellee filed special and general exceptions and, a cross-bill in trespass to try title. Appellant answered appellee’s cross-bill by general denial. Appellee’s exceptions to appellant’s petition for partition were sustained, and, appellant refusing to amend, both parties went to trial on appellee’s cross-bill and…
1Opinion of the CourtWillie, Chief Justice
That one tenant in common may recover the entire land belonging to himself and his co-tenants from a mere trespasser is now too well settled to require further discussion. Sowers v. Peterson, 59 Tex., 216; Read v. Allen, 56 Tex., 176; Hutchins v. Bacon, 46 Tex., 414.
Hey was, under the proof, a naked trespasser upon the land sued for, and there was, therefore, no error in allowing a judgment to be rendered for Mumme for the entire tract, if he showed himself a tenant in common with Mrs. Bless, the only heir of the original grantee, whose title had not been conveyed to him. Title to an…
2Cases cited7 opinions
- Ooe, Ex Demise of Patterson v. Winn and OthersSupreme Court of the United States · 1831
- Sowers v. PetersonTexas Supreme Court · 1883
- McGarrahan v. Mining Co.Supreme Court of the United States · 1878
- Hutchins v. BaconTexas Supreme Court · 1877
- McClelland v. MooreTexas Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lane v. Miller & Vidor Lumber Co.Court of Appeals of Texas · 1915
- Louder v. SchluterTexas Supreme Court · 1890
- Johnson v. SchumacherTexas Supreme Court · 1888
- Moore v. StewartTexas Supreme Court · 1887
- Humphreys v. GreenCourt of Appeals of Texas · 1925
4 more not listed; retrieve them via the Exa API.