Box v. Lawrence
Texas Supreme Court
Appeal from Anderson. Suit, January 23rd, 1851, by the appellant, administrator of John R. Little, against William H. Lawrence, to recover six hundred and forty acres of land, a part of the headright league of Solomon Bolin, commencing at the north-west corner of the south half of said league, and running thence south one mile, &c., in the form of a square.
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Appeal from Anderson. Suit, January 23rd, 1851, by the appellant, administrator of John R. Little, against William H. Lawrence, to recover six hundred and forty acres of land, a part of the headright league of Solomon Bolin, commencing at the north-west corner of the south half of said league, and running thence south one mile, &c., in the form of a square. The petition was in the ordinary form of trespass to try title; alleged that the defendant was in possession of the land, and that the plaintiff feared he would make use of his possession to injure said land, &c., wherefore he prayed a…
1Opinion of the CourtWheeler, J.
It is not perceived upon what ground the Court proceeded, in dismissing the suit, as to the defendant Lawrence. There was no necessity to pray process against Mm, in the amended petition, he being already in Court. The cause of action was not changed as to him. The change in the description of the locus in quo, did not effect a change in the cause of action; and if the prayer for relief was different and *555broader, in the amended petition, it affected him equally with the other defendants, and clearly it was a proper subject of amendment. The bringing in of other parties, did not, of course,…
2Cases cited1 opinion
- Denison v. IngramTexas Supreme Court · 1843
3Cited by22 opinions
- Satterwhite v. RosserTexas Supreme Court · 1884
- City Products Corp. v. BermanTexas Supreme Court · 1980
- Havard v. SmithCourt of Appeals of Texas · 1929
- Acklin v. PaschalTexas Supreme Court · 1877
- Selman v. BristowCourt of Appeals of Texas · 1966
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