Smith v. Ryan
Texas Supreme Court
Appeal from San Patricio. Tried below before the Hon. Edmund J. Davis. Smith first set out his claim of title, and possession by his tenant; then the institution of the action of forcible entry on the 10th day of February, 1857, in the name of Walter Henry, who is an alien, by one Patrick O’Docherty, who represented himself as the agent of said Walter Henry, against plaintiff’s tenant; then the nature of said Henry’s claim of title to the land, with plaintiff’s objections to…
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Appeal from San Patricio. Tried below before the Hon. Edmund J. Davis. Smith first set out his claim of title, and possession by his tenant; then the institution of the action of forcible entry on the 10th day of February, 1857, in the name of Walter Henry, who is an alien, by one Patrick O’Docherty, who represented himself as the agent of said Walter Henry, against plaintiff’s tenant; then the nature of said Henry’s claim of title to the land, with plaintiff’s objections to the validity thereof; that the law of forcible entry and detainer does not apply to the case; then the allegations of…
1Opinion of the CourtRoberts, J.
This is a proceeding by injunction, in the District Court, to restrain appellees from prosecuting a suit of “ forcible entry and detainer,” pending in a Justice’s Court.- The grounds upon which this remedy is sought are, 1st. That the land, the possession of which is in controversy, is of the value of fourteen thousand dollars, and the party, in whose right it is claimed in the Justice’s Court, has no valid title to it. 2d. That Ryan, who is the Justice, and the other two appellees, who are the agents of Walter Henry, for whom the suit in the Justice’s Court is prosecuted, are confederating…
2Cited by20 opinions
- McGlothlin v. KliebertTexas Supreme Court · 1984
- Harris v. ThomasCourt of Appeals of Texas · 1920
- Story v. StoryTexas Supreme Court · 1944
- Gibson v. MooreTexas Supreme Court · 1858
- Wheelis v. WheelisCourt of Appeals of Texas · 1950
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