Corporation of San Patricio v. Mathis
Texas Supreme Court
Error from San Patricio. On May 2, 1879, appellant brought suit in the form of an action of trespass to try title against appellee. The real object seems to have been to fix the location of a dividing line between the lands of the litigants.
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Error from San Patricio. On May 2, 1879, appellant brought suit in the form of an action of trespass to try title against appellee. The real object seems to have been to fix the location of a dividing line between the lands of the litigants. Judgment was rendered for defendant in that suit in May, 1879. Afterwards this suit was brought by appellant against the same defendant on the same alleged cause of action, February 18, 1880. Judgment for defendant below sustaining his plea in bar.
1Opinion of the Court
Willie, Chief Justice.
The only question for our determination in this case is, where the location of a disputed line between adjacent surveys has been determined in an action of trespass to try title, and there is no question as to the title to either survey, is the defeated plaintiff entitled to his second suit in order to have another adjudication of the same question ? This precise point was decided in the case of Spence v. McGowan, 53 Tex., 30, where it was held that such second suit could not be maintained.
Our Revised Statutes provide that such suits may be brought only in cases where…
2Cases cited1 opinion
- Spence v. McGowanTexas Supreme Court · 1880
3Cited by5 opinions
- Jones v. AndrewsTexas Supreme Court · 1888
- Carley v. PartonCourt of Appeals of Texas · 1889
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