Scott v. Streepy
Texas Supreme Court
Appeal from Coleman. Tried below before Hon. J. P. Hutchison, special district judge. This is an appeal from a judgment for the defendant in an action of trespass to try title. The plaintiff claimed under an execution sale.
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Appeal from Coleman. Tried below before Hon. J. P. Hutchison, special district judge. This is an appeal from a judgment for the defendant in an action of trespass to try title. The plaintiff claimed under an execution sale. The fact as found by the court touching the service of citation upon which the judgment was rendered is as follows: “The court finds that Jasper H. Streepy was never personally served with notice of said suit while in the State of Texas, but was served with notice in the State of Colorado, and never appeared in the court rendering the judgment, and that no property or…
1Opinion of the Court
Henry, Associate Justice.—
The defendant claims title to the land, in controversy through a judgment against defendant for money and sale under an execution issued on the judgment.
It appears that plaintiff was served with citation in the State of Colorado, where he then resided, on the 8th June, 1886, issued by a justice of the peace for Tarrant County, in this State.
The service was such as our statutes prescribe for non-residents.
The judgment of the District Court in favor of plaintiff was predicated upon the judge's conclusion of law, made part of the record, that “the judgment of the…
2Cases cited1 opinion
- Pennoyer v. NeffSupreme Court of the United States · 1878
3Cited by10 opinions
- Martin v. Burns, Walker Co.Texas Supreme Court · 1891
- Mabee v. McDonaldTexas Supreme Court · 1915
- Lucas v. PattonCourt of Appeals of Texas · 1908
- Lutcher v. AllenCourt of Appeals of Texas · 1906
- Kinkead v. ClarkCourt of Appeals of Texas · 1922
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