Presley v. Holmes
Texas Supreme Court
Appeal from Shelby. Tried below before the Hon. J. B. Williamson. This suit was an action of trespass to try title and for damages to a tract of land in Shelby county known as the Stephen Holmes survey. The petition was filed in December, 1869, by the appellee and one Caroline E. Edgeworth as co-plaintiffs.
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Appeal from Shelby. Tried below before the Hon. J. B. Williamson. This suit was an action of trespass to try title and for damages to a tract of land in Shelby county known as the Stephen Holmes survey. The petition was filed in December, 1869, by the appellee and one Caroline E. Edgeworth as co-plaintiffs. Presley, the defendant, appeared and answered at the Fall term, 1863. At the Spring term, 1869, the appellee amended and asked leave to prosecute the suit in her own name. To this amendment the defendant excepted, assigning as cause for exception that it did not set forth facts showing a…
1Opinion of the CourtWalker, J.
This is an action of trespass to try title, brought in the District Court of Shelby county by the appellee, together with Caroline P. Edgeworth. The latter abandoned the suit, and the action proceeded in the name of the appellee, and it is urged by the appellant that this was error for which we should reverse the judgment. The law is too well settled by the elementary authorities, as well as in the adjudicated cases, to require much comment here, that one joint tenant or tenant in common may maintain either trespass or ejectment, in his own name, against a mere trespasser or wrongdoer. (4…
2Cases cited1 opinion
- Grassmeyer v. BeesonTexas Supreme Court · 1857
3Cited by5 opinions
- Hicks v. Southwestern Settlement & Development Corp.Court of Appeals of Texas · 1945
- Padgett v. GuilmartinTexas Supreme Court · 1915
- Fisk v. FloresTexas Supreme Court · 1875
- Gibson v. OberfelderCourt of Appeals of Texas · 1912
- Frost v. CrockettCourt of Appeals of Texas · 1936