Bell v. F. C. Vanzandt
Texas Supreme Court
Eerob from Harrison.' Tried below before the Hon. A. J. Booty. This suit was originally filed in the district court of Harrison county, Texas, on the 7th day of April, 1852, by Erances 0. Vanzandt, executrix of the estate of Isaac Vanzandt, deceased, and against Samuel L. Young, to recover land upon which defendant then resided. There were various pleadings afterwards filed on each side.
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Eerob from Harrison.' Tried below before the Hon. A. J. Booty. This suit was originally filed in the district court of Harrison county, Texas, on the 7th day of April, 1852, by Erances 0. Vanzandt, executrix of the estate of Isaac Vanzandt, deceased, and against Samuel L. Young, to recover land upon which defendant then resided. There were various pleadings afterwards filed on each side. By a supplemental petition filed August 22, 1871, new parties defendant were made, to wit: Elbert M. Bell, Elijah M. Bell and Hardy Stricldand. The defendant Elbert M. Bell made no answer, and judgment was…
1Opinion of the Court
Moore, Chief Justice.
The citation served upon the plaintiff in error authorized the judgment by de*152fault entered against Mm. The citation in tMs case is unlike those in the cases to wMch we are referred by counsel. While-it may not be in all respects strictly regular and formal, yet it plainly shows who are the defendants.
But the judgment does not follow the petition. In the original and amended petitions, F. 0. Vanzandt, as executrix of the estate of Isaac Vanzandt, is the sole and only plaintiff, yet the judgment is m favor of her and E. M. Vanzandt and others named m the judgment as heirs…
2Cited by4 opinions
- Edwards v. HatchCourt of Appeals of Texas · 1937
- Amarillo-Panhandle Development Corp. v. EllisCourt of Appeals of Texas · 1928
- Robertson v. RobertsonCourt of Appeals of Texas · 1980
- Green v. BrownCourt of Appeals of Texas · 1890