Watrous v. McGrew
Texas Supreme Court
Appeal from Washington, transferred from Austin. Tried before the Hon. R. E. B. Baylor. Action of trespass to try title, commenced on the 6th day of February, 1843, by Edwin Morehouse, the heirs of Nathaniel H. Watrous, and the heirs of John R. Cunningham, against. Elizabeth McGrew, William McGrew, Hardin McGrew and Flood McGrew, for four leagues of land on the east bank of' the Brazos river, opposite the town of Nashville, in Robertson County.
Read the full summary
Appeal from Washington, transferred from Austin. Tried before the Hon. R. E. B. Baylor. Action of trespass to try title, commenced on the 6th day of February, 1843, by Edwin Morehouse, the heirs of Nathaniel H. Watrous, and the heirs of John R. Cunningham, against. Elizabeth McGrew, William McGrew, Hardin McGrew and Flood McGrew, for four leagues of land on the east bank of' the Brazos river, opposite the town of Nashville, in Robertson County. Venue changed by plaintiff to Washington. Elizabeth McGrew, as the widow of James T. McGrew, and the-other defendants as the children of said. James…
1Opinion of the CourtWheeler, J.
We have heretofore decided that one tenant in common may maintain an action of trespass to try title, against a stranger. (Croft v. Rains, 10 Tex. R. 520.) We are of opinion, therefore, that the action did not abate, by the death of one of the plaintiffs ; and that there was no necessity to make the heirs of the deceased parties to the suit. The right of action of the survivors was not affected by the death of their co-plaintiff.
It is settled by the decision of this Court in the cases of Clay’s heirs v. Holbert, (14 Tex. R. 186,) and Ruis v. Chambers, (15 Id. 586)—the latter being a decision…
2Cases cited1 opinion
- Doe ex dem. Clinton v. PhelpsNew York Supreme Court · 1812
3Cited by50 opinions
- Taylor v. CatalonTexas Supreme Court · 1942
- Veramendi v. HutchinsTexas Supreme Court · 1878
- May v. SladeTexas Supreme Court · 1859
- Garner v. LaskerTexas Supreme Court · 1888
- Spencer v. LapsleySupreme Court of the United States · 1858
45 more not listed; retrieve them via the Exa API.