White v. Williams
Texas Supreme Court
Appeal from Victoria. Action of trespass to try title, by Thomas R. Williams and Benjamin Irby against Leonard C. Cushman.
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Appeal from Victoria. Action of trespass to try title, by Thomas R. Williams and Benjamin Irby against Leonard C. Cushman. The plaintiffs alleged that the defendant was in possession of the land, claiming it by title paramount to the title of Samuel A. White and Susan A. White, from whom plaintiffs purchased by deed of general warranty, and they therefore prayed that said Samuel A. and Susan A. might be cited to appear and defend the title, or in case of failure to sustain said title, that plaintiffs have judgment against them on the warranty, &c. Samuel A. and Susan A. White appeared,…
1Opinion of the CourtWheeler, J.
The question presented in argument by the appellants, as to the effect of a voluntary dismissal of their suit by the plaintiffs, does not properly arise in this case. That question can only arise for adjudication upon the bringing of a second action. The present therefore is not a.proper occasion for its authoritative determination. It may be observed, however, that the question is one of practice, rather than of absolute principle; upon which the Court would be warranted in adhering to a convenient settled rule of practice in our own forums, however varient from the rule of practice adopted…
2Cited by3 opinions
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