Egery v. Power
Texas Supreme Court
Error from Calhoun. The defendant in error brought suit against the plaintiffs in error, under the “act to provide the mode of trying titles to land,” (acts of 1840, p. 136,) to recover the possession of a tract of iand to which he claimed title, and damages in the sum of two thousand dollars for the use and occupation of the premises.
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Error from Calhoun. The defendant in error brought suit against the plaintiffs in error, under the “act to provide the mode of trying titles to land,” (acts of 1840, p. 136,) to recover the possession of a tract of iand to which he claimed title, and damages in the sum of two thousand dollars for the use and occupation of the premises. The defendants pleaded in reconvention that the legal title to the land in -controversy was in themselves; that the plaintiff had committed trespasses, <&e., upon the land to the damage of the defendants $2,500; for which they prayed judgment, and that the…
1Opinion of the CourtWheeler, J.
It is admitted that if the matters embraced in the plea were well pleaded the plaintiff had not the right, under the law and the decisions of this court, to take a nonsuit. But it is insisted that it was not competent for the defendants to plead in reconvention in this action. And this is the question to be determined.
Tiie right to plead in reconvention was derived from the civil law. And in Louisiana, where the civil law prevails, there have been frequent adjudications upon this subject. The local legislation there is said to have made no change in the ancient civil law upon the subject of…
2Cited by20 opinions
- Short v. HepburnTexas Supreme Court · 1896
- Davis v. Wichita State Bank & Trust Co.Court of Appeals of Texas · 1926
- Binder v. MillikinCourt of Appeals of Texas · 1918
- Republic Underwriters v. HowardCourt of Appeals of Texas · 1934
- Wolf v. WolfCourt of Appeals of Texas · 1924
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