Kremer v. Haynie

Citations

• 67 Tex. 450
• 3 S.W. 676
• 1887 Tex. LEXIS 904

Syllabus

<p>1. Jurisdiction.—Minors, who were sought to be made defendants in a suit, who resided beyond the limits of the county in which the suit was pending, were served with copies of the writ only, and not with copies of the petition. Held, that the jurisdiction of the court did not attach by service of process, and it had no power to appoint for the defendants thus served a guardian.ad litem.</p> <p>3. Partition.—When, in a suit for partition of land, the interest of the plaintiff is set aside to him by metes and bounds, and the interests of several defendants are set aside to them in one tract, partitioned to them in common on a report of commissioners that it is incapable of fair division, it is error for the court to order the sale of the tract of land thus set aside to several defendants in the absence of an application from them asking it.</p>