McCoy's Heirs v. Crawford
Texas Supreme Court
Appeal from Gonzales. The appellants brought suit against the appellees on the 17th of February, 1S46, to establish their title to a third of a league of land granted to their ancestor.
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Appeal from Gonzales. The appellants brought suit against the appellees on the 17th of February, 1S46, to establish their title to a third of a league of land granted to their ancestor. The ancestor, Samuel McCoy, in his lifetime sold the land to one Grigsby for .$1,111, of which Grigsby, at the time, paid $239.50, and gave his promissory notes for the balance, payable when McCoy and his wife should make to him a title, they, at the same time, giving their bond to make title upon payment of the notes. The petition sot forth that the administrator of McCoy recovered judgment against Grigsby on…
1Opinion of the CourtWheeler, J.
The plaintiffs rested their claims to relief on two grounds :
1st. The nullity of the judgment against Grigsby and the invalidity of the proceedings thereon.
2d. A trust resulting to them upon the purchase by Crawford.
The mode of obtaining personal service of process upon the defendant in 1839, when the citation in the suit against Grigsby purports to have been served, was by delivering to him a copy of tlie writ and petition. There was no authority of law for serving process by simply reading it. There was, therefore, no legal service of process upon Grigsby. He had not legal notice of the…
2Cited by11 opinions
- Hix v. ArmstrongTexas Supreme Court · 1908
- Sanford v. EdwardsMontana Supreme Court · 1896
- Amerada Petroleum Corp. v. MassadCourt of Appeals of Texas · 1950
- MacIas v. MacIasCourt of Appeals of Texas · 1941
- Hamilton v. San Antonio Loan & Trust Co.Court of Criminal Appeals of Texas · 1954
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