Snider v. Methvin
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. A. J. Booty. Plaintiff Snider sued some two hundred persons in trespass to try title, charging them as joint trespassers on his land. The suit was filed in Gregg county, but afterwards removed to Harrison.
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Appeal from Harrison. Tried below before the Hon. A. J. Booty. Plaintiff Snider sued some two hundred persons in trespass to try title, charging them as joint trespassers on his land. The suit was filed in Gregg county, but afterwards removed to Harrison. The two defendants, O. H. Methvin, Sr., and O. H. Methvin, Jr., answered through the same attorney and joined in a plea of not guilty and disclaimer, and each for himself set out by metes and bounds the portion of land to which he laid claim. The case was called for trial at the June term, 1878, and all of the defendants together urged a…
1Opinion of the Court
Stayton, Associate Justice.
The record shows that the interest claimed by the appellees in the tract of land sued for was separate and distinct from the lands claimed by the other defendants, and although the defendants had answered jointly at a term prior to that *490at which the severance was made, yet we consider it settled by the case of Ballard v. Perry, 28 Tex., 362, after some prior conflict of opinion, that the severance was properly allowed.
The testimony of the witnesses Kearns, Taylor and others, tending to show that neither Kearns nor his deputies received the location of the Arocha…
2Cases cited4 opinions
- Holman v. Chevaillier's Adm'rTexas Supreme Court · 1855
- Ballard v. PerryTexas Supreme Court · 1866
- Smith v. TaylorTexas Supreme Court · 1871
- House v. TalbotTexas Supreme Court · 1879
3Cited by27 opinions
- Miller v. Texas & Pacific Railway Co.Supreme Court of the United States · 1890
- Godfrey v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Buster v. WarrenCourt of Appeals of Texas · 1904
- Newsom v. BoydCourt of Appeals of Texas · 1947
- Von Rosenberg v. CuellarTexas Supreme Court · 1891
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