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