Clay County Land & Cattle Co. v. Wood
Texas Supreme Court
Appeal from Clay. Tried below before the Hon. B. F. Williams. This was a suit instituted by the Clay County Land and Cattle Company, on the twenty-fifth day of December, 1884, against J. P. Earle, Daniel Raser, W. J. Wood, Samuel Allison and James Bliss jointly in trespass to try title and for damages to the land in controversy. The land sued for was part of a four league survey patented to Angelina county on the seventeenth day of July, 1877, for school purposes.
Read the full summary
Appeal from Clay. Tried below before the Hon. B. F. Williams. This was a suit instituted by the Clay County Land and Cattle Company, on the twenty-fifth day of December, 1884, against J. P. Earle, Daniel Raser, W. J. Wood, Samuel Allison and James Bliss jointly in trespass to try title and for damages to the land in controversy. The land sued for was part of a four league survey patented to Angelina county on the seventeenth day of July, 1877, for school purposes. The second amended original petition, upon which plaintiff went to trial in this cause, is in the usual form, charging defendants…
1Opinion of the Court
Walker, Associate Justice.
It was not error to allow the defendants to sever, even after .they had answered not guilty jointly. The record discloses that no other defendant has any interest in that part of the land sued for claimed by the defendant Wood, nor is there a common defense. (Ballard v. Perry, 28 Texas, 362; Snyder v. Methvin, 60 Texas, 489.)
The case may be disposed of without a specific discussion of the very numerous points made by counsel by passing directly upon the facts in evidence, which determine the rights of the parties. In the testimony there is little conflict.
The…
2Cases cited2 opinions
- Ballard v. PerryTexas Supreme Court · 1866
- Jemison v. HalbertTexas Supreme Court · 1877
3Cited by6 opinions
- Baker v. DunningTexas Supreme Court · 1890
- Perego v. WhiteTexas Supreme Court · 1889
- Kinney v. JohnsonCourt of Appeals of Texas · 1939
- Williams v. MoersCourt of Appeals of Texas · 1951
- Sager v. Northern Pac. Ry. Co.U.S. Circuit Court for the District of Minnesota · 1908
1 more not listed; retrieve them via the Exa API.