May v. Slade
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. N. W. Battle. This was an action of trespass, brought by William 0. Slade, against Stephen D. May, for cutting and carrying away timber.
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Appeal from Bell. Tried below before the Hon. N. W. Battle. This was an action of trespass, brought by William 0. Slade, against Stephen D. May, for cutting and carrying away timber. The petition was in the usual form, and described the plaintiff as being “ the absolute legal owner of an undivided interest, of nine and one-third labors of land, out of seventeen and two-third labors“ that he holds said lands, as tenant in common with-; and that he was in the peaceable possession of said land, up to the first day of October, 1853.” The trespasses were alleged to have been committed, on or about…
1Opinion of the CourtWheelee, C. J.
It is settled by the decisions of this court, that one tenant in common may maintain an action of trespass, to try title, without joining his co-tenant. (Watrousv. M‘Grew, 16 Texas Rep. 506; Croft v. Rains, 10 Id. 520.) And this is in accordance with the well settled doctrine of the common law. Tenants in common, are separately seised, and there is no privity of estate between them. “ They are deemed to be seised per my, but not per tout; and consequently, (it is said,) they must sue separately, in actions that savor of the realty. But they join in actions, relating to some entire and…
2Cases cited2 opinions
- Watrous v. McGrewTexas Supreme Court · 1856
- Austin v. HallNew York Supreme Court · 1816
3Cited by48 opinions
- House v. ReavisTexas Supreme Court · 1896
- Taylor v. CatalonTexas Supreme Court · 1942
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- International & Great Northern Railway Co. v. RagsdaleTexas Supreme Court · 1886
- Galveston, H. & S. A. R. R. Co. v. Pfeuffer & IrelandTexas Supreme Court · 1881
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