Easterling v. Blythe
Texas Supreme Court
Appeal from Washington. This was an action of “trespass to try title,” ■brought in October, 1848, by the appellauts, in right of inheritance, as heirs of Charles Baird, deceased.
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Appeal from Washington. This was an action of “trespass to try title,” ■brought in October, 1848, by the appellauts, in right of inheritance, as heirs of Charles Baird, deceased. On the trial, the plaintiffs offered in evidence a. deed from E. D. Jackson to John P. Coles, administrator of their ancestor, diaries Baird, bearing date on the 7th day of May, 1838. The deed acknowledged the receipt of the consideration, and described the land which it conveyed to the administrator, as a “part of the succession” of the deceased, Chairles JSaird. The plaintiffs offered the dee’d as evidence of title…
1Opinion of the CourtWheeleR, J.
It is true that, under the practice which obtains in most of *107the common-law courts of this country, it is within the discretion of the eourt to reinstate a ease after the plaintiff has voluntarily suffered a nonsuit; and if the court refuse the application, its judgment will not be subject to revision. This, however, is but a rule of practice; and in the case of Ilolderman v. Craft, the Supreme Court of the Republic adopted a different rule, as being more convenient in practice, which has been recognized by this court. (3 Tex. R., 226.) The rule thus recognized is, that when the plaintiff is…
2Cited by14 opinions
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- Binford v. SnyderTexas Supreme Court · 1945
- Guilford v. LoveTexas Supreme Court · 1878
- Stafford v. StaffordTexas Supreme Court · 1902
- Hill v. PrestonTexas Supreme Court · 1931
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