Chadoin v. Magee
Texas Supreme Court
Error from Fayette. Tried below before the Hon. John Hancock. On the 5th of October, 1850, Thomas Chadoin commenced an action of forcible entry and detainer against Richard A. Ma-gee, to dispossess him of a certain league of land in Lavaca county, making oath that he was in the peaceable possession of said land, when said Magee illegally entered into and now detains said league of land.
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Error from Fayette. Tried below before the Hon. John Hancock. On the 5th of October, 1850, Thomas Chadoin commenced an action of forcible entry and detainer against Richard A. Ma-gee, to dispossess him of a certain league of land in Lavaca county, making oath that he was in the peaceable possession of said land, when said Magee illegally entered into and now detains said league of land. On the 31st of same month said Ma-gee and Nicinda M. Magee, his wife, obtained an injunction from the Hon. Fielding Jones, Judge of that District, restraining said Chadoin from prosecuting his said action of…
1Opinion of the CourtWheeler, J.
However the question of title, raised by the pleadings, may be determined, it seems clear that there was error in the judgment of the Court refusing to dissolve the injunction. If, as alleged, the defendant therein had never been in possession, and had no right of action by forcible entry and detainer, his having instituted the proceeding would only put the defendants therein to the necessity of making their defence, to make manifest his want of right. Their defence must have been successful. The having instituted suit, without any cause of action, could not ultimately affect any right of…
2Cited by17 opinions
- McGlothlin v. KliebertTexas Supreme Court · 1984
- Story v. StoryTexas Supreme Court · 1944
- Hughes v. Houston Northwest Medical Center, Texas Court of Appeals, 1st District (Houston)1982
- Gibson v. MooreTexas Supreme Court · 1858
- Patterson Produce Co. v. TombsCourt of Appeals of Texas · 1929
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