Legal Opinion

Latham v. Tombs

Court of Appeals of Texas

Decided April 22, 1903PublishedCited by 17 opinions

Appeal from the District Court of Collin. Tried below before Hon. J. E. Dillard.

1Opinion of the Court

KEY, Associate Justice.

—This is an action of trespass to try title and for partition, and judgment was rendered awarding a portion of the land to the plaintiff and appointing commissioners to make partition.

The first assignment of error complains of the action of the court in refusing to dismiss the plaintiff’s case and instruct a verdict for the defendant, upon the ground that the testimony developed the fact that Luther Pitts and Daniel Pitts were necessary parties to the suit.

Counsel for appellee urge objections to this assignment, and contend that it is not borne out by the record, and…

2Cases cited1 opinion

  1. De La Vega v. LeagueTexas Supreme Court · 1885

3Cited by17 opinions

  1. Stiles v. HawkinsTexas Commission of Appeals · 1918
  2. Way Way v. Coca Cola Bottling Co.Texas Supreme Court · 1930
  3. Supreme Ruling of Fraternal Mystic Circle v. HoskinsCourt of Appeals of Texas · 1914
  4. Thetford v. Modern Woodmen of AmericaCourt of Appeals of Texas · 1925
  5. Fowler v. HardeeCourt of Appeals of Texas · 1929

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