Legal Opinion

Sartain v. Hamilton

Texas Supreme Court

Decided July 1, 1855PublishedCited by 8 opinions

Error from Rusk. Joel Hamilton brought suit in trespass to try title to land, and for damages for the rents and profits, against James R. Sartain. After the institution of the suit, Hamilton applied for and obtained a writ of sequestration. James R. Sartain executed a bond to retain possession of the land, with the plaintiffs in error as securities.

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Error from Rusk. Joel Hamilton brought suit in trespass to try title to land, and for damages for the rents and profits, against James R. Sartain. After the institution of the suit, Hamilton applied for and obtained a writ of sequestration. James R. Sartain executed a bond to retain possession of the land, with the plaintiffs in error as securities. During the progress of the suit, the defendant, James R. Sartain, died, and John F. Sartain became his administrator, and made himself a party defendant. At the trial, judgment was rendered against the administrator, for the recovery of the land…

1Opinion of the Court

Hemphill, Ch. J.

There is no doubt that the judgment against the sureties on the replevy bond is distinct and independent of that against the defendant in the main action, and that they are entitled to prosecute their writ of error, as to the judgment against them, notwithstanding the previous affirmance of the judgment in the principal action against the defendant. (Cheatham v. Riddle, 8 Tex. R. 162.) And there is as little doubt, that the judgment against the sureties, who are plaintiffs in error, has been erroneously entered. The Statute (Hart. Dig. Art. 2896) provides “ that if the…

2Cited by8 opinions

  1. Isbell v. Kenyon-Warner Dredging Co.Texas Supreme Court · 1924
  2. Wandelohr v. Grayson County National BankTexas Supreme Court · 1908
  3. Grayson County Bank v. WandelohrTexas Supreme Court · 1912
  4. Larson v. HansonNorth Dakota Supreme Court · 1913
  5. United States Fidelity & Guaranty Co. v. PresnalCourt of Appeals of Texas · 1935

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