New York and Texas Land Co. v. Hyland
Court of Appeals of Texas
Appeal from Travis. Tried below before Hon. T. B. Cochean. 1. In a suit for partition, all parties in anywise interested in tbe lands sought to be partitioned are necessary and indispensable parties; and it appearing from appellees’ petition that the State Penitentiary Board had the legal title to 903 acres of the land sought to be partitioned, the members of that board were necessary parties to this suit.
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Appeal from Travis. Tried below before Hon. T. B. Cochean. 1. In a suit for partition, all parties in anywise interested in tbe lands sought to be partitioned are necessary and indispensable parties; and it appearing from appellees’ petition that the State Penitentiary Board had the legal title to 903 acres of the land sought to be partitioned, the members of that board were necessary parties to this suit. Holloway v. Mcllhenny Co., 77 Texas, 659; Peterson v. Fowler, 73 Texas, 524; McKinney v. Moore, 73 Texas, 471; Johns v. Northcutt, 49 Texas, 455; Ship Channel Co. v. Bruly, 45 Texas, 6;…
1Opinion of the Court
FISHER, Chiee Justice.
Appellees, W. T. Hyland and others, - brought this suit for partition and trespass to try title, claiming that on the 26th day of May, 1888, they ha¡d an interest of 25-216 in the Walter Campbell survey, in Coryell County, and likewise that on that day they were entitled to a like interest in the Walter Campbell survey in Cherokee County, and averring that appellant was the owner of the remaining interest in said land. The petition of appellees further averred, that on May 26, 1888, the appellant had sold to Galen Grow, Walter Tips, and C. C. Dibrell, Commissioners of…
2Cases cited31 opinions
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
- Hardy v. BeatyTexas Supreme Court · 1892
- Henry Miller's Heirs & Devisees v. M'IntyreSupreme Court of the United States · 1832
- Hill v. MooreTexas Supreme Court · 1884
- State v. SnyderTexas Supreme Court · 1886
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3Cited by32 opinions
- Carl v. SettegastTexas Commission of Appeals · 1922
- Loomis v. CobbCourt of Appeals of Texas · 1913
- Findlay v. State of TexasTexas Supreme Court · 1923
- Joyner v. ChristianTexas Supreme Court · 1938
- Franzetti v. FranzettiCourt of Appeals of Texas · 1938
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