Magee v. Chadoin's Ex'r

Citations

• 44 Tex. 488

Syllabus

<p>1. Appeal—Trespass to try title.—By appeal secured to the plaintiff in his second suit in trespass to try title, is meant the - light to have the action of the court revised by the appellate court, whether by appeal or by writ of error.</p> <p>2. Writ of error by our Supreme Court has always been held to be but another mode of bringing up a ease for revision.</p> <p>3. Trespass to try title—A suit involving the trial and determination of the conflicting, titles of the parties to land is such an action as authorizes the bringing of a second suit by the plaintiff.</p> <p>4. Plaintiff.—The party first invoking the action of the court upon the controversy, as against the adverse party, is the plaintiff, and who alone is authorized to bring a second suit in trespass to try title.</p>