O'Leary v. Durant
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. W. H. Burkhart. Suit brought by George W. Durant against the unknown heirs of W. H. Snyder, John O’Leary, and Thomas J. Ewing, for an undivided one-third interest in three hundred and twenty acres of land. The court appointed F. J. Duff to represent all the defendants, who filed a general denial and plea of not. guilty. Judgment was rendered against O’Leary and Ewing, and in favor of the heirs for two-thirds of the land.
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Appeal from Brazoria. Tried below before the Hon. W. H. Burkhart. Suit brought by George W. Durant against the unknown heirs of W. H. Snyder, John O’Leary, and Thomas J. Ewing, for an undivided one-third interest in three hundred and twenty acres of land. The court appointed F. J. Duff to represent all the defendants, who filed a general denial and plea of not. guilty. Judgment was rendered against O’Leary and Ewing, and in favor of the heirs for two-thirds of the land. This was mot asked by the pleadings. Commissioners were appointed to partition, who reported at the same term, and judgment…
1Opinion of the Court
Walker, Associate Justice.
The return of the sheriff to the citation by publication did not “show when the citation was executed and the manner thereof.” (Rev. Stats., art. 1238.) *410The time of publication could, not have expired at the return day—the beginning of the term of court after issuance. This did not affect its validity as citation to the succeeding term. (Hall v. Baker, 23 Texas, 263.)
Opinion delivered March 27, 1888.
The interests of the defendants cited by publication ware conflicting. Doubtless this was not known to the trial judge when he appointed an attorney. When the conflict…
2Cited by5 opinions
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- Bryant v. LewisCourt of Appeals of Texas · 1930
- Mitchell v. ReitzCourt of Appeals of Texas · 1924