De La Vega v. League

Citations

• 64 Tex. 205

Syllabus

<p>1. Parties — Equity.— See this case for an illustration of the rule that equity will not make a deci'ee when it is a pparent that it cannot definitely settle the rights of the parties, or make a final disposition of the subject of litigation.</p> <p>2. Same.— The rule above quoted should be stringently enforced in suits for partition. If the bill shows the existence of parties in interest who have not been joined, it will be dismissed on demurrer; if their existence is not revealed by the bill, but is disclosed on the hearing by the evidence, the case should be stopped until those parties are cited. Citing Ship Channel Co. v. Bruly, 45 Tex., 8.</p> <p>3. Parties — Practice.—When one holds the land of another as security for a debt, the ultimate right of property is with him who thus incumbers the land, and this right may be levied on and sold under execution. If the owner who has thus incumbered the land again mortgages it, and after-wards, and before foreclosure of the lien, his interest is sold under execution, the purchaser succeeds to all the rights of the mortgagor; and if he, or his vendee, is made a party to a suit to settle the interest of the respective parties in the land (there being no allegation that nothing was left after paying oil incumbrances), it is error to dismiss the suit as to them, for which a judgment adjudicating the rights of the other parties will be reversed.</p> <p>4. Reconvention.— A party claiming title to land derived from opposing claimants may, in a suit between them, assert his right derived from both sources, and have the title, shown to be valid, enforced in reconvention against the plaintiff.</p> <p>5. Trespass to try title — Jurisdiction. — The requirement of the statute, that suits for the recovery of land “ shall be brought in the county where the land or a part thereof is situate,” confers a mere personal privilege which may be waived, and the judgment of a district court of some other county whose jurisdiction has been s