Delk v. Punchard
Texas Supreme Court
Appeal from Hill. Tried below before Chas. A. Jennings, Esq.,Special Judge. This suit was brought March 1,1858, in Hill county, by defendants in error against plaintiffs in error, Delk and others, for the recovery, of twenty-four labors of land in Hiii county, granted July 6,1835, to Harriet and Lucretia Punchard, heirs of Joseph Punchard, deceased, having been received as colonists.
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Appeal from Hill. Tried below before Chas. A. Jennings, Esq.,Special Judge. This suit was brought March 1,1858, in Hill county, by defendants in error against plaintiffs in error, Delk and others, for the recovery, of twenty-four labors of land in Hiii county, granted July 6,1835, to Harriet and Lucretia Punchard, heirs of Joseph Punchard, deceased, having been received as colonists. The case is chiefly remarkable for its longevity, and, in view of the opinion, it is not deemed important to trace at length its progress, or to give much of the voluminous record. Plaintiffs in error pleaded…
1Opinion of the Court
Watts, J. Com. App.
When this case was before the court on former appeal, it was held that the agreement of April 17,1860, waivany misjoinder of parties plaintiff and causes of action, was not only binding upon the original parties, but also upon those who purchased from the original defendants pending the suit, and who have since made themselves parties to the suit. Punchard v. Delk, 55 Tex., 306. We have seen no good reason to doubt the correctness of that holding. Nor does the record now before the .court present the question in any more favorable aspect, for the plaintiffs in error, than…
2Cases cited3 opinions
- Grassmeyer v. BeesonTexas Supreme Court · 1857
- Robertson v. JohnsonTexas Supreme Court · 1882
- Sawyer v. BoyleTexas Supreme Court · 1858
3Cited by7 opinions
- Burton v. McGuireTexas Commission of Appeals · 1931
- Whitaker v. ThayerCourt of Appeals of Texas · 1905
- McFadden v. SchillTexas Supreme Court · 1892
- Jones v. RobbCourt of Appeals of Texas · 1904
- Adams v. AdamsCourt of Appeals of Texas · 1916
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