Hambel & Heasty v. Davis
Texas Supreme Court
Application for writ of error to Court of Civil Appeals for Third District, in an appeal from Caldwell County. The material parts of the application are here given: “The main question in the case in the trial court and in the Court of Civil Appeals grew out of an alleged insufficiency of the service of citation (it being by publication) in an original suit wherein execution issued and the land involved in this litigaton was sold, under which judgment, execution and sale the…
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Application for writ of error to Court of Civil Appeals for Third District, in an appeal from Caldwell County. The material parts of the application are here given: “The main question in the case in the trial court and in the Court of Civil Appeals grew out of an alleged insufficiency of the service of citation (it being by publication) in an original suit wherein execution issued and the land involved in this litigaton was sold, under which judgment, execution and sale the appellees (defendants in error) claim the land; the petitioners being the heirs of one Kelley to whom the land belonged…
1Opinion of the Court
BEOWK, Associate Justice.
This application must he refused, because the judgment under which the defendants in error claim title to the land was valid, and by the sale of the land thereunder the title passed from James Kelly to the purchasers at that sale, under whom the defendants in error claim.
It is claimed by the plaintiffs in error that the judgment of the justice of the peace is void, because: (1) The citation for publication, issued in the cause of Levyson v. James Kelly, and in which cause the judgment was rendered under which the land was sold, was issued without authority of law;…
2Cases cited2 opinions
- McDonald v. MorganTexas Supreme Court · 1864
- Carson v. DaltonTexas Supreme Court · 1883
3Cited by9 opinions
- Mabee v. McDonaldTexas Supreme Court · 1915
- St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
- Harrison v. Nueces Royalty Co.Court of Appeals of Texas · 1942
- Bruyere v. Liberty Nat. Bank of WacoCourt of Appeals of Texas · 1924
- Missouri, Kansas & Texas Railway v. LightfootCourt of Appeals of Texas · 1907
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