Hooper v. Hall
Texas Supreme Court
Appeal from. Harrison. The case was tried before Hon. M. D. Ector, one of the district judges. The suit was an action to try title by Willie J. Perch-man, “who sues for the use of the heirs of Jesse Perch-man,” (naming them,) and for the recovery of the west half of the Amy Dunman league and labor. The defendant plead not guilty. The death of Hooper was suggested, and his administrator was brought in by scire facias.
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Appeal from. Harrison. The case was tried before Hon. M. D. Ector, one of the district judges. The suit was an action to try title by Willie J. Perch-man, “who sues for the use of the heirs of Jesse Perch-man,” (naming them,) and for the recovery of the west half of the Amy Dunman league and labor. The defendant plead not guilty. The death of Hooper was suggested, and his administrator was brought in by scire facias. The deaths of several Perchmans were suggested, and their representatives were made parties to the suit. The partition of the Perchman tract made among the heirs in the county…
1Opinion of the CourtMoore, C. J.
That a suit may be brought in the name of one person for the use of another is expressly recognized in the statute regulating proceedings in the district court, (Hart. Dig., Art. 701,) [Paschal’s Dig., Art. 10,] and suits of this character are of familiar use when moneyed demands are the foundation of the action. In such cases the allégations of the petition are tantamount to a previous assignment of the debt, and in effect pass the legal title to the judgment, by this admission of record, to the previous equitable owner of the debt. But to engraft such character of suit on our action of…
2Cases cited5 opinions
- Lindsey v. LuckettTexas Supreme Court · 1857
- Grassmeyer v. BeesonTexas Supreme Court · 1857
- Wright v. ThompsonTexas Supreme Court · 1855
- Butler v. DunaganTexas Supreme Court · 1857
- Crayton v. MungerTexas Supreme Court · 1853
3Cited by20 opinions
- Taylor v. Higgins Oil & Fuel Co.Court of Appeals of Texas · 1928
- Southern Pine Lumber Company v. HartTexas Supreme Court · 1960
- Sanders v. WorthingtonTexas Supreme Court · 1964
- Rocha v. CamposCourt of Appeals of Texas · 1978
- Heard v. VineyardTexas Commission of Appeals · 1919
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