Ross v. Kornrumpf
Texas Supreme Court
Appeal from. Kinney. Tried below before the Hon. Thos. M. Paschal. Suit by Emma Kornrumpf, joined by her husband, Edward Kornrumpf, against Ann Ross, in trespass to try title to a town lot. At the March term, 1883, of the court, Ann Ross filed plea of not guilty and general denial.
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Appeal from. Kinney. Tried below before the Hon. Thos. M. Paschal. Suit by Emma Kornrumpf, joined by her husband, Edward Kornrumpf, against Ann Ross, in trespass to try title to a town lot. At the March term, 1883, of the court, Ann Ross filed plea of not guilty and general denial. The plaintiffs filed an amended original petition, alleging in substance that the lot sued for was the separate property of Emma Kornrumpf, purchased with her separate funds on March 15, 1881; that the defendant’s claim was by virtue of a deed executed by the sheriff of Kinney county to defendant on the 4th day of…
1Opinion of the Court
Willie, Chief Justice.
The amended petition did not set up a new cause of action. The cause of action declared on in the original petition was the right to the land in controversy, alleged to have been obstructed and interfered with by the defendant. In the amended petition it is the same, with the facts of the case and the relief sought more particularly specified. But the setting up of a new cause of action does not subject an amended pleading to a demurrer for that cause only. It merely charges the plaintiff with the previous costs, and lets in any defense which could have been pleaded had…
2Cases cited2 opinions
- McKamey v. ThorpTexas Supreme Court · 1884
- Parker v. G. Y. Coop.Texas Supreme Court · 1883
3Cited by21 opinions
- Realty Trust Co. v. CraddockTexas Supreme Court · 1938
- Waterman v. BuckinghamSupreme Court of Connecticut · 1906
- Matador Land & Cattle Co. v. CooperCourt of Appeals of Texas · 1905
- Rankin v. BellTexas Supreme Court · 1892
- Western Union Telegraph Co. v. HearneCourt of Appeals of Texas · 1894
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