Boles v. Linthicum
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. A. J. Booty. On November 17, 1875, Sarah J. Linthicum and husband brought trespass to try title for 108 acres of land, against S. M. Boles, alleged to be in possession. The petition also alleged that Boles claimed the land under a pretended deed from one J. E. Norvell, which deed was a cloud upon plaintiff’s title. April, 1876, defendant pleaded not guilty.
Read the full summary
Appeal from Rusk. Tried below before the Hon. A. J. Booty. On November 17, 1875, Sarah J. Linthicum and husband brought trespass to try title for 108 acres of land, against S. M. Boles, alleged to be in possession. The petition also alleged that Boles claimed the land under a pretended deed from one J. E. Norvell, which deed was a cloud upon plaintiff’s title. April, 1876, defendant pleaded not guilty. May 25,1877, plaintiff filed a supplemental petition, making W. 0. Boles a party defendant, alleging a fraudulent combination between defendants to cheat plaintiff; that they claimed the land…
1Opinion of the Court
Moore, Associate Justice.
A final judgment by default against appellant was certainly improper and unwarranted, until the ease was also disposed of as to his co-defendant, S. M. Boles, who had answered the plaintiff’s petition. The forty-seventh section of the act of 1846, to regulate proceedings in the District Court, provides, that “ where there are several defendants in a suit, and some of them appear and answer, and others make default, an interlocutory judgment by default may be entered against those who do not answer, and the case may proceed against the others; but only one final…
2Cited by25 opinions
- Linn v. ArambouldTexas Supreme Court · 1881
- City of Austin v. CahillTexas Supreme Court · 1905
- Ebell v. BursingerTexas Supreme Court · 1888
- Ramsey v. HurleyTexas Supreme Court · 1888
- Western Union Telegraph Co. v. SkinnerCourt of Appeals of Texas · 1910
20 more not listed; retrieve them via the Exa API.