Dangerfield v. Paschal
Texas Supreme Court
Appeal from Hays. Tried below before the Hon. John Hancock. The petition in the former suit, the judgment in which was pleaded by defendants (appellees) in bar of this, set out the title of the plaintiffs, Dangerfield and others, emanating from the Spanish Government; alleged that the defendants had made locations and surveys thereon, upon one of which they had obtained a patent; that defendants had notice of plaintiffs’ title, and made said locations and procured said…
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Appeal from Hays. Tried below before the Hon. John Hancock. The petition in the former suit, the judgment in which was pleaded by defendants (appellees) in bar of this, set out the title of the plaintiffs, Dangerfield and others, emanating from the Spanish Government; alleged that the defendants had made locations and surveys thereon, upon one of which they had obtained a patent; that defendants had notice of plaintiffs’ title, and made said locations and procured said patents fraudulently, with the intention of appropriating to themselves the property of the plaintiffs; ‘ ‘ complainant…
1Opinion of the CourtRoberts, J.
A rehearing having been granted, the case has again been considered.
If the plea of res judicata is a bar to this second action, it is unnecessary to look further, to determine whether or not the Court erred in overruling the motion for a continuance.
The former suit, the judgment in which is set up in bar of this, is of a mixed character; to establish plaintiffs’ title as against a number of persons claiming title to the same land under adverse titles, and to quiet plaintiffs in the enjoyment of the same, free from litigation and harassment in relation to it. It is in the nature of a bill of…
2Cited by19 opinions
- State v. SnyderTexas Supreme Court · 1886
- McCampbell v. DurstCourt of Appeals of Texas · 1897
- Grimes v. HobsonTexas Supreme Court · 1877
- Ammons v. DwyerTexas Supreme Court · 1890
- Haskins v. WalletTexas Supreme Court · 1885
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