Hays v. Porter
Texas Supreme Court
Appeal from Titus. Tried below before the Hon. William S. Todd. This is an action of forcible entry and detainer by Margaret Porter against James Hays, Rezen Hays and Jesse Hays. The suit was removed to the District Court, and a final trial had in August, 1860. The testimony on the trial was as follows:
1Opinion of the CourtWheeler, C. J.
It is a fatal objection to the plaintiff’s action that she does not appear to have been in possession of the premises, nor does it appear that the homestead had been set apart to her by the court. It seems that her tenant was in possession. If his possession was invaded it was for him, and not the plaintiff, to bi’ing the suit. The verdict was contrary to the evidence, and a new trial should have been granted.
The judgment is reversed and the case remanded.
Reversed and remanded.
2Cited by4 opinions
- H. L. Null & Co. v. J. S. Garlington & Co.Court of Appeals of Texas · 1922
- County Board of School Trustees of Young County v. Bullock Common School Dist. No. 12Court of Appeals of Texas · 1931
- Hertzberg v. BeisenbachTexas Supreme Court · 1885
- Cty. Bd., Etc. v. Bullock Common Sch.Court of Appeals of Texas · 1931