Hillman v. Baumbach
Texas Supreme Court
Error from Fayette. Tried below before Hon. J. H. Bell. This was an action of trespass to try title. In the same suit the defendant in error claimed damage for trespasses committed on the premises. The plaintiff in error demurred to- the petition upon the ground that there was in this a mis joinder of causes of action; his demurrer was overruled. On the trial the defendant in error made out his title, and proved the trespass and his damages.
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Error from Fayette. Tried below before Hon. J. H. Bell. This was an action of trespass to try title. In the same suit the defendant in error claimed damage for trespasses committed on the premises. The plaintiff in error demurred to- the petition upon the ground that there was in this a mis joinder of causes of action; his demurrer was overruled. On the trial the defendant in error made out his title, and proved the trespass and his damages. The plaintiff in error offered in evidence in defence a transcript of proceedings before a Justice of the Peace between the same parties and in reference…
1Opinion of the CourtRoberts, J.
This is an action of trespass to try title to land, brought by defendant in error against the plaintiff in error. In the same suit damages are claimed for trespasses committed on the premises, such as pulling down fences and destroying a growing crop, and the like The petition was excepted to on the alleged ground of a misjoinder of causes of action. The exception was overruled, and we think properly, for the object of the suit is to recover damages as well as to try the title. (Hart. Dig. Art. 3221.) Although the word damages used in the Statute may more particularly refer to mesne profits,…
2Cited by8 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- H. F. & E. D. Craddock v. GoodwinTexas Supreme Court · 1881
- Cain v. FontanaCourt of Appeals of Texas · 1967
- Hicks v. Southwestern Settlement & Development Corp.Court of Appeals of Texas · 1945
- Shotwell v. CrierCourt of Appeals of Texas · 1919
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