Hough v. Hammond

Citations

• 36 Tex. 657

Syllabus

<p>1. Subsequent to the term at which a judgment has been rendered by a District Court, a new trial may be granted on equitable grounds, provided the applicant shows sufficient matter to have entitled him to .a new trial at the term, and also shows sufficient legal excuse for not having made the application during the term. This rule, however, has exclusive reference to the parties to the original suit, and not to third persons who may be affected by the original judgment.</p> <p>2. If, without notice to a landlord, judgment in trespass to try title be recovered against his tenant, it is competent for the landlord, even after the term, upon sufficient allegations, supported by affidavits, to have the judgment against his tenant set aside and himself admitted to defend the suit upon a new trial.</p> <p>3. Though fictitious proceedings in suits for land have been abolished in this State, yet the principles of law applicable to actions of ejectment are nevertheless the rules of action and construction for our courts, in suits of trespass to try title.</p>