Egery v. Power
Texas Supreme Court
Motion made in May, 1872, to set aside a judgment of this court rendered in March, 1855. The judgment was rendered in an action of -trespass to try title to land, brought in Refugio county by James Power, in 1849, against Cyrus W. Egery, Joseph F. Smith and Henry Smith. By change of venue the case was removed to Jackson county, where it was tried September 30, 1851, and judgment rendered for the plaintiff, Power, from which the defendants appealed.
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Motion made in May, 1872, to set aside a judgment of this court rendered in March, 1855. The judgment was rendered in an action of -trespass to try title to land, brought in Refugio county by James Power, in 1849, against Cyrus W. Egery, Joseph F. Smith and Henry Smith. By change of venue the case was removed to Jackson county, where it was tried September 30, 1851, and judgment rendered for the plaintiff, Power, from which the defendants appealed. Pending the appeal James Power, the appellee, died j his death was suggested, and his widow, Tomasa Power, as executrix, was made a party appellee…
1Opinion of the CourtOgden, J.
This is a motion to set' aside a judgment and decree of this court rendered in March, 1855, for the want of jurisdiction in this court of the parties in interest in the subject matter in litigation in said suit.
The judgment sought to be vacated by this motion originated in an action of trespass to try title to certain lands, brought by James Power against the defendants to this motion in Refugio county in 1849, which, by change of venue, was removed to Jackson county, where the plaintiff, Power, obtained a judgment in 1851, and the defendants below appealed to this court. Pending the appeal…
2Cases cited5 opinions
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- Lacy v. Heirs of WilliamsTexas Supreme Court · 1852
- Barrett v. BarrettTexas Supreme Court · 1868
- Thomas v. JonesTexas Supreme Court · 1853
- Givens' Adm'r v. DavenportTexas Supreme Court · 1852