Boone v. Hulsey
Citations
- 71 Tex. 176
- 9 S.W. 531
- 1888 Tex. LEXIS 1121
Syllabus
<p>1. Final Judgments.—In an action of trespass to try title against several defendants, each, claiming a separate part of the land sued for, and so entitled to sever in the defense, and on the trial a severance be allowed, there may be more than one final judgment.</p> <p>2. Same—Severance.—It would follow that the fate of the judgment in favor of one or more of the defendants is not dependent upon the result of a motion for new trial or to vacate the judgment made by the other defendants. Such motion may be allowed as to one or more defendants, without affecting the judgment as to others, and in such ease, as to others the judgment would be final</p> <p>3. Severance—If the plaintiff go to trial when some of the defendants are not properly served with citation, and judgment be rendered for the defendants, such trial in favor of the defendants duly served will be considered a severance as to them. Their rights are not dependent upon proceedings against those not served.</p> <p>4. Same.—Such severance is practically recognized in this court in cases of affirmance as to some and reversal as to others, where defendants hold separate rights.</p> <p>5. Emigration Laws—Head of Family.—A widower with children emigrating to Texas in 1833 or 1834, was by the colonization laws entitled to one league and labor of land as a head of a family. This right was secured under the Constitution of the Republic. (See. 10, Gen. Prov.)</p> <p>6. Headright.—The act of December 14, 1837, creating the Board of Land Commissioners, charged the board with the duty of granting certificates to those who should show themselves entitled to them, setting forth in the certificate the amount of land the claimant was entitled to, upon what conditions, and the time such claimant came to the country.</p> <p>7. Recitals in Land Certificate.—The grant of a headright certificate in 1838 to a married man, reciting that fact and the date of his immigration to Texas, does not constitute such certificate commun
Judges: Gaines
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19 cases in this archive cite this case.
- Pierce v. ReynoldsTexas Supreme Court· 1959-10-07· cited 148×
- J. M. Hamilton & Co. v. PrescottTexas Supreme Court· 1889-04-26· cited 99×
- Missouri-Kansas-Texas R. Co. of Texas v. PlutoTexas Commission of Appeals· 1941-11-05· cited 49×
- Missouri-Kansas-Texas Railroad v. PlutoTexas Supreme Court· 1941-11-05· cited 47×
- Empire Gas & Fuel Co. v. NobleTexas Commission of Appeals· 1931-03-04· cited 24×
- Lowe v. Farm Credit Bank of TexasTex. App. Ct., 4th Dist. (San Antonio)· 1999-08-26· cited 23×
- Hunt v. RamseyTexas Supreme Court· 1961-03-22· cited 17×
- Valdez v. GillCourt of Appeals of Texas· 1976-04-28· cited 17×
- Moore v. MathisCourt of Appeals of Texas· 1963-06-28· cited 16×
- Associated Growers v. SmithCourt of Appeals of Texas· 1951-11-21· cited 12×
- Stanton v. Security Bank & Trust Co.Texas Commission of Appeals· 1922-11-08· cited 11×
- Firestone v. HallCourt of Appeals of Texas· 1940-09-27· cited 8×
- SECOND NAT. BANK OF HOUSTON v. FuquaCourt of Appeals of Texas· 1953-12-03· cited 6×
- Schieffer v. PattersonCourt of Appeals of Texas· 1969-04-02· cited 5×
- Howard Gault & Son, Inc. v. MetcalfCourt of Appeals of Texas· 1975-10-31· cited 5×
- Morrison v. RathmellTex. App. Ct., 12th Dist. (Tyler)· 1983-02-24· cited 3×
- The Texas Co. v. StateCourt of Appeals of Texas· 1954-03-10· cited 3×
- Branch v. Texas Lumber Manuf'g Co.Fifth Circuit· 1893-06-20· cited 3×
- Bracewell v. BeenCourt of Appeals of Texas· 1928-09-21· cited 1×
Cites
6 cases in this archive are cited by this case.
- Ballard v. PerryTexas Supreme Court· 1866-12-15· cited 26×
- Babb v. CarrollTexas Supreme Court· 1858-07-01· cited 24×
- Wheat v. OwensTexas Supreme Court· 1855-07-01· cited 10×
- Byrne v. FaganTexas Supreme Court· 1856-07-01· cited 9×
- Chambers v. FiskTexas Supreme Court· 1852-07-01· cited 5×
- Bayless v. DanielsTexas Supreme Court· 1852-07-01· cited 3×
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