Punchard v. Delk
Texas Supreme Court
Appeal from Hill. Tried below before the Hon. F. P. Wood. 1. In 1858 various .persons, some of them claiming as the heirs of Joseph H. Punchard, and others as the vendees of other of the heirs, brought suit in Hill county for a league of land granted to Harriet and Lucretia Punchard, heirs of Joseph Punchard, deceased. The parties plaintiff sued as joint owners of the league.
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Appeal from Hill. Tried below before the Hon. F. P. Wood. 1. In 1858 various .persons, some of them claiming as the heirs of Joseph H. Punchard, and others as the vendees of other of the heirs, brought suit in Hill county for a league of land granted to Harriet and Lucretia Punchard, heirs of Joseph Punchard, deceased. The parties plaintiff sued as joint owners of the league. They were not joint owners, but in fact owned different parts and different quantities of the land when the suit was filed. They could not have a joint recovery under the facts; to remedy the evil, the parties plaintiffs…
1Opinion of the Court
Watts, J. Com. App.
In order to avoid a multiplicity of suits involving the same questions, the original parties entered into the agreement, the effect of which was to waive the misjoinder of causes of action by the plaintiffs. The *307parties did not undertake by this agreement to give jurisdiction where it did not belong, or in any manner affect the jurisdiction of the court over the subject matter of the litigation. But the effect of the same was a waiver of right, in the matter of pleading, which the defendants could otherwise have taken advantage of, and forced the plaintiffs to their…
2Cases cited2 opinions
- Briscoe v. BronaughTexas Supreme Court · 1846
- Burford v. RosenfieldTexas Supreme Court · 1873
3Cited by5 opinions
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- Jones v. RobbCourt of Appeals of Texas · 1904
- Allen v. VineyardCourt of Appeals of Texas · 1919
- O'Neal v. LockhartTexas Commission of Appeals · 1879
- Sharp v. JohnsonCourt of Appeals of Texas · 1910