Hearne v. Erhard

Citations

• 33 Tex. 60

Syllabus

<p>X. Pending an action,of trespass to try title, the plaintiff sold bis interest in , the land to other parties, who thereupon were permitted by the court below to become plaintiffs in the place of the original plaintiff. Held; that in this the court erred ; the rights ot the parties were fixed at the institution of the suit, and no súe,pendente lite, by the original plairi- ■ tiff could entitle his vendees to be made plaintiffs in his stead, or exonerate him from the, responsibilities of the suit. (Lee v. Salinas, 15 ' Texas, 495, cited and approved by the court.; After such a sale, however, if the original plaintiff should Recover judgment, it would eno.ro to the benefit of his vendees.</p> <p>2. Pending an action of trespass to try title, the plaintiff suggested the death of one of the original defendants, and represented that the deceased defendant had devised his whole estate to one J. H., who had also died, leaving one A. H., sole heiress of his whole estate ; wherefore plaintiff prayed, and the court below ordered, that A. H., be made a party defendant. Held, that there was error in this ; that she was not a proper party until it should be shown to the court that there was no administration upon the estate of J. El.</p> <p>3. A judgment of recovery in trespass to try title is void it it do not describe the land with sufficient certainty to identify .it. The following description held to be insufficient, and the judgment void for uncertainty in consequence, to-wit: “ a part of a survey of six leagues granted by the State of Ooahuila and Texas to Antonio Manehaca, fronting on the Brazos river, beginning at the upper corner of said six leagues on the Brazos river; thence back from the river with said upper line, to a point where the back line of the eleven league grant of George Antonio Nixon intersects the said upper line of said six league grant; thence with the said back line of said Nixon grant, to the lower line of said six leagues; and thence with the low