Vardeman v. Edwards
Texas Supreme Court
Appeal from Nacogdoches. Tried below before Hon. A. W. 0. Hicks. Appellee recovered a judgment against appellant in the District Court of Rusk county at the Spring Term, 1851, in trespass to try title for the possession of a tract of land, in which suit appellant (defendant) had regularly filed his answer, setting up, among other things, title under the headright of Arthur Willis. The cause had been continued one Term before the trial.
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Appeal from Nacogdoches. Tried below before Hon. A. W. 0. Hicks. Appellee recovered a judgment against appellant in the District Court of Rusk county at the Spring Term, 1851, in trespass to try title for the possession of a tract of land, in which suit appellant (defendant) had regularly filed his answer, setting up, among other things, title under the headright of Arthur Willis. The cause had been continued one Term before the trial. The recovery of appellee was by virtue of a patent upon a Texas headright certificate of the first class. Appellant, on the 12th June, 1851, filed his petition…
1Opinion of the CourtWheeler, J.
The principles which govern the granting of new trials, upon application by petition after the Term, are the same in our practice as those which govern similar appli*740cations made daring the Term. We have no bills of review, strictly and technically speaking, (Mussina v. Moore, 13 Tex. R. 7, 8 ;) nor original bills in Chancery, for the granting of new trials at law; for having no Court of Chancery, as distinct from a Court of law, we have no occasion to resort to the modes of proceeding, or adopt the practice of the Court of Chancery. The application, whether made before or after the Term, is…
2Cases cited2 opinions
- Simpson v. HartNew York Court of Chancery · 1814
- Vandervoort v. SmithNew York Supreme Court · 1804
3Cited by31 opinions
- Harn v. PhelpsTexas Supreme Court · 1886
- Brownson v. ReynoldsTexas Supreme Court · 1890
- Merrill v. RobertsTexas Supreme Court · 1890
- Gehret v. HetkesTexas Commission of Appeals · 1931
- Bryorly v. ClarkTexas Supreme Court · 1877
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