Smith v. Sublett
Texas Supreme Court
Error from Limestone. The case was tried before Hon. John Gregg, one of the district judges. This action was brought to the fall term, 1852, of the District Court of Limestone county, by David B. Mitchell, as administrator of Thomas J. Smith, deceased, to recover of George A. Sublett, who was a non-resident of the State, one-fourth of a league and labor of land located under the head-right certificate of Willis M. Williams.
Read the full summary
Error from Limestone. The case was tried before Hon. John Gregg, one of the district judges. This action was brought to the fall term, 1852, of the District Court of Limestone county, by David B. Mitchell, as administrator of Thomas J. Smith, deceased, to recover of George A. Sublett, who was a non-resident of the State, one-fourth of a league and labor of land located under the head-right certificate of Willis M. Williams. Mitchell died while the suit was pending, and the heirs of Smith, now plaintiffs in error, were admitted as plaintiffs below. The interest claimed by the plaintiffs in…
1Opinion of the CourtWillie, J.
—The court did not err in overruling the objection made to the pleadings of the intervenor, that they were inconsistent and contradictory. A defendant may plead as many inconsistent pleas as he may choose, so they are pertinent and in due order of pleading. (Fowler v. Davenport, 21 Tex., 633.)
We see no reason why the same latitude should not be allowed to an intervenor, who is occupying the position of a defendant, and opposing a claim to a portion of his property asserted by a plaintiff. Nor is it perceived that there was any error committed by the court in rendering judgment for the…
2Cases cited1 opinion
- Fowler v. DavenportTexas Supreme Court · 1858
3Cited by16 opinions
- Brown v. ChambersTexas Supreme Court · 1885
- Shifflet v. MorelleTexas Supreme Court · 1887
- Magee v. PaulCourt of Appeals of Texas · 1913
- Williams v. MooreCourt of Appeals of Texas · 1900
- Eastland v. ManeyCourt of Appeals of Texas · 1904
11 more not listed; retrieve them via the Exa API.