Frisby v. Withers
Texas Supreme Court
Appeal from Trinity. Tried below before the Hon. A. T. McKenney, special judge. Suit brought September 21, 1883, by Wm. Withers to recover the Amos Donovan league of land. Plaintiff alleged title by regular conveyances from Donovan and also by limitation; and as against defendants Frisby and Gibson, he set up a former judgment. The defendants, on October 28, 1881, pleaded not guilty.
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Appeal from Trinity. Tried below before the Hon. A. T. McKenney, special judge. Suit brought September 21, 1883, by Wm. Withers to recover the Amos Donovan league of land. Plaintiff alleged title by regular conveyances from Donovan and also by limitation; and as against defendants Frisby and Gibson, he set up a former judgment. The defendants, on October 28, 1881, pleaded not guilty. Subsequently, defendants Frisby, Gibson, Meelcins and Doughty filed first amended original answers, in which they respectively set up claim to several portions of the league, which portions were on a conflict…
1Opinion of the Court
Stayton, Associate Justice.—
The judgment rendered in favor of Thomas Withers, under whom appellee claims, against A. J. Frisby and George Gibson, for the land in controversy, under the facts appearing in the record, is binding on Dan Frisby, who is shown to hold through A. J. Frisby by title acquired since that judgment was rendered, as is it on George Gibson, who was a party to it.
Hnder the facts pleaded by these defendants the judgment was not void, and could only be set aside, if at all, by a direct proceeding for that purpose.
Such was not the character of the proceeding in this cause.…
2Cases cited6 opinions
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Crispen v. HannavanSupreme Court of Missouri · 1872
- Sowers v. PetersonTexas Supreme Court · 1883
- Hodges v. EddySupreme Court of Vermont · 1865
- Bellis v. BellisMassachusetts Supreme Judicial Court · 1877
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3Cited by15 opinions
- Roy v. WhitakerTexas Supreme Court · 1898
- Millican v. McNeillTexas Supreme Court · 1908
- Funk v. MillerCourt of Appeals of Texas · 1911
- Stevenson v. RobertsCourt of Appeals of Texas · 1901
- Anderson v. JacksonTexas Supreme Court · 1887
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