Bowers v. Chaney
Texas Supreme Court
Error from Lavaca. Tried below before Hon. F. Jones. Suit for 1000 acres of land. Plaintiff filed bis petition in April, 18 54, setting up title in himself to the land. The defendants answered and asserted title in themselves by sales made under and by virtue of a judgment in attachment obtaine d by Willie Cummings against the plaintiff, by which they became the owners and entered into the possession of said land.
Read the full summary
Error from Lavaca. Tried below before Hon. F. Jones. Suit for 1000 acres of land. Plaintiff filed bis petition in April, 18 54, setting up title in himself to the land. The defendants answered and asserted title in themselves by sales made under and by virtue of a judgment in attachment obtaine d by Willie Cummings against the plaintiff, by which they became the owners and entered into the possession of said land. On the 11th April, 1856, plaintiff filed an amended petition averring that said judgment, and the sale made under the same were void, because he, the plaintiff, was never cited by…
1Opinion of the CourtWheeler, J.
It is not perceived that there was any necessity to make Lewis a party to the suit, or that the plaintiff can have sustained any injury by the refusal of the Court to permit him to be made a party. He had no interest to be affected by the litigation, nor was any judgment or recovery sought against, or in any manner to bind him.
The material question in the case is whether the judgment in the attachment suit was void for the want of jurisdiction or power in the Court to render it, or was only erroneous. If the former, it can afford no protection to the purchaser under it; but if the latter, it…
2Cases cited1 opinion
- Fowler v. PoorTexas Supreme Court · 1841
3Cited by7 opinions
- Bridgman v. MooreTexas Supreme Court · 1944
- Thouvenin v. RodriguesTexas Supreme Court · 1859
- Baker v. HahnCourt of Appeals of Texas · 1913
- Linn Bros. Motor Co. v. WilliamsCourt of Appeals of Texas · 1927
- Lewright v. ManningCourt of Appeals of Texas · 1965
2 more not listed; retrieve them via the Exa API.