H. Block & Co. v. Weiller

Citations

• 61 Tex. 692
• 1884 Tex. LEXIS 175

Syllabus

<p>1. Non-suit — Practice.— Plaintiff sued for land in which defendant set up homestead rights. On the trial it was admitted that title had been in one of the defendants. The defendants asked a judgment in their favor on the question of title, and prayed that the cloud cast by plaintiff’s claim be thereby removed. The plaintiff, in support of his title, offered on the trial an execution and judgment against the defendant, in whom title was admitted, and under which plaintiff purchased, which were excluded, because sale was made after the return day of the execution. Plaintiff took thereupon a non-suit, to which defendant excepted, he asking a judgment on the admission that title was in him, but offering no testimony. The court refused to render a judgment in defendant’s favor, and he appealed from the order dismissing the case. To the counterclaim of defendants, the plaintiff had pleaded a general denial by way of supplemental petition. Held, that no error was committed in allowing the non-suit and refusing a judgment for defendant on his counterclaim, he having offered no evidence to support it.</p>