Lomax v. Foster Lumber Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Texas. Action by Annie T. Lomax against the Eoster Lumber Company and others. Judgment for defendants, and plaintiff brings error. On October 27, 1906, the plaintiff in error, Annie T. Lomax, filed in the district court of Liberty county, Tex., her original petition against the Foster Lumber Company and the Trinity River Lumber Company.
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In Error to the Circuit Court of the United States for the Southern District of Texas. Action by Annie T. Lomax against the Eoster Lumber Company and others. Judgment for defendants, and plaintiff brings error. On October 27, 1906, the plaintiff in error, Annie T. Lomax, filed in the district court of Liberty county, Tex., her original petition against the Foster Lumber Company and the Trinity River Lumber Company. The petition was in the form of trespass to try title, as required by the Texas statutes. On January 10, 1907, she filed in said court her first amended original petition, which is…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts as above). The paramount question is the jurisdiction of the Circuit Court through the removal of the suit' from the state court. The statutory action of “trespass to try title” was brought by the plaintiff in error in the district court of Liberty county, Tex., to recover one certain tract of land in said county, the David Rankin survey, patented August 30, 1849. By article 5255, Rev. St. Tex. 1895, controlling proceedings in such actions:
“The plaintiff may ,i'oin as a defendant with the person in .possession any other person who, as landlord, remainderman,…
2Cases cited20 opinions
- Powers v. Chesapeake & Ohio Railway Co.Supreme Court of the United States · 1898
- Barney v. LathamSupreme Court of the United States · 1881
- Torrence v. SheddSupreme Court of the United States · 1892
- Ayres v. WiswallSupreme Court of the United States · 1884
- Louisville & Nashville Railroad v. IdeSupreme Court of the United States · 1885
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- House v. Kirby Lumber Corp.District Court, E.D. Texas · 1951
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