Cox v. Shropshire
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. James H. -Bell. This was a suit brought by Benjamin Shropshire against Isaac W. Cox, of trespass to try title, on the 18th day of October, 1856, for the recovery of a tract of land containing sixty-nine acres.
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Appeal from Fayette. Tried below before the Hon. James H. -Bell. This was a suit brought by Benjamin Shropshire against Isaac W. Cox, of trespass to try title, on the 18th day of October, 1856, for the recovery of a tract of land containing sixty-nine acres. The petition of the plaintiff alleged that the defendant holds possession óf the land by virtue of a deed which is fraudulent and void. - The defendant answered by a plea of the general issue, a special denial of the alleged fraud, and the further answer, that he purchased the said tract on the 1st day of September, 1854, at the price of…
1Opinion of the CourtWheeler, C. J.
There is nothing in the objection that James M. Cox and his wife, the defendant’s alleged vendors, were not made parties to the suit. There is no objection that they were not made parties in the court below, nor were they necessary parties to the suit to try title. That one of the parties to an action of trespass to try title claims under a deed alleged to be void, has never been deemed to require that the vendor in the deed be made a party.
*123On the question of the abandonment of the homestead by James M. Cox and his wife, we think there can be no room to hesitate. Independently of the deed of…
2Cited by24 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- Cole v. TerrellTexas Supreme Court · 1888
- Osherow v. Porras (In Re Porras)United States Bankruptcy Court, W.D. Texas · 2004
- Hoefling v. HoeflingTexas Supreme Court · 1914
- Hoefling v. HoeflingTexas Supreme Court · 1914
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