Gullett v. O'Connor
Texas Supreme Court
Appeal from. Victoria. Tried below before the Hon. H. Olay Pleasants. Suit in trespass to try title by Thomas O’Connor against 1ST. 0. Gullett and his wife and John T. Allan. Allan disclaimed all interest in the land, and Gullett and wife pleaded “not guilty.”
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Appeal from. Victoria. Tried below before the Hon. H. Olay Pleasants. Suit in trespass to try title by Thomas O’Connor against 1ST. 0. Gullett and his wife and John T. Allan. Allan disclaimed all interest in the land, and Gullett and wife pleaded “not guilty.” O’Connor claimed under a patent issued to F. L. Wren, assignee of Francisco Oassanova, which issued on the 7th of April, 1877. The location and survey of the certificate were made during the same year in which the patent issued. O’Oonnor showed a regular chain of title from Wren to himself. Gullett and wife claimed the same land by…
1Opinion of the Court
Hooke, Chief Justice.
A judgment should have been
entered in the court below on the disclaimer of the defendant Allan. The failure, however, to do this, was a mere formal defect, which can work no injury to the real parties to this controversy. Subsequent to the filing of his disclaimer, Allan was seemingly treated and regarded by the parties and the court as no longer a party, and the case proceeded to trial and final judgment between the real parties, without further notice to him. Under these circumstances, we think we are authorized by former decisions of the court to regard the action as…
2Cases cited8 opinions
- Fitch v. BoyerTexas Supreme Court · 1879
- Burleson v. BurlesonTexas Supreme Court · 1866
- Shields v. HuntTexas Supreme Court · 1876
- Johnson v. TimmonsTexas Supreme Court · 1878
- Portis v. HillTexas Supreme Court · 1855
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3Cited by35 opinions
- Jones v. StateTexas Commission of Appeals · 1928
- De Zavala v. ScanlanTexas Commission of Appeals · 1933
- Godfrey v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- League v. RoganTexas Supreme Court · 1883
- Atlantic Refining Company v. NoelTexas Supreme Court · 1969
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