Lewis v. Dennis
Texas Supreme Court
Error from Aransas. Tried below before the Hon. T. 0. Barden. Suit by Dennis against appellants, Lewis et al., in the district court of Aransas county, on a promissory note dated the 15th day of December, 1853, for $500 in coin, payable six months after date to Lyman B. Bussell or order, and signed by H. A. Lewis; the same upon its face purports to have been given in payment of an undivided one-ninth interest of a grant of five leagues of land to James Power and James…
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Error from Aransas. Tried below before the Hon. T. 0. Barden. Suit by Dennis against appellants, Lewis et al., in the district court of Aransas county, on a promissory note dated the 15th day of December, 1853, for $500 in coin, payable six months after date to Lyman B. Bussell or order, and signed by H. A. Lewis; the same upon its face purports to have been given in payment of an undivided one-ninth interest of a grant of five leagues of land to James Power and James Hewitson, situated on St. Joseph’s Island and Matagorda Island, in Aransas and Calhoun counties, and therein retaining a…
1Opinion of the Court
Watts, Commissioner.
The amended petition did not set üp.a new cause of action, nor did it contain such new or additional matter as would require service thereof to be made upon appellants. The original petition contained a general description of the land, by giving the names of the original grantees, the number of leagues, the name of the islands upon which the same is located, the counties in which the same is situated, and the interest therein sought to be subjected to the lien. The amended petition contains only a more particular description of the land. Ward v. Lathrop, 11 Tex., 287;…
2Cases cited3 opinions
- Ward v. LathropTexas Supreme Court · 1854
- Niblett v. SheltonTexas Supreme Court · 1866
- Spencer v. McCartyTexas Supreme Court · 1876
3Cited by5 opinions
- Short v. HepburnCourt of Appeals for the Fifth Circuit · 1896
- Smith v. MooreCourt of Appeals of Texas · 1906
- Scruggs v. McCartCourt of Appeals of Texas · 1929
- Tonopah Banking Corp. v. McKane Mining Co.Nevada Supreme Court · 1909
- Tonopah Banking Corp. v. Red Rock Consolidated Mining Co.Nevada Supreme Court · 1909