Pegram v. Owens

Citations

• 64 Tex. 475

Syllabus

<p>1, Jurisdiction — Venue—Statute construed — Proof for registration.— Suit was brought in Texas by a non-resident plaintiff, against a non-resident defendant, both of whom had once been partners, to prove up for record (under art. 4354, R. S.) an instrument in writing which on its face certified that the defendant had given up to plaintiff all claims which once belonged to both, and also all claims to land which belonged to both. The firm did own lands in Texas, but not situate in the county where the suit was brought. On plea to the jurisdiction in the naturé of a plea in abatement, calling in question the power of the district court to adjudicate upon the subject-matter, held:</p> <p>(1) The statute in such a case does not fix the venue, and the parties being non-residents, having no domicile in Texas, the venue must be determined by general rules applicable to the matter, independent of statute.</p> <p>(3) The cause of action was not local, but transitory, though the result of the action might, on some future contingency, affect the title to land, indirectly.</p> <p>(3) The cause of action was one regarding which jurisdiction could be exercised in the district court of any county in which service could be obtained on the defendant, or where he might appear and, by making defense, waive service.</p> <p>(4) The instrument was such as, in so far as it conveyed land, was entitled to be admitted to record, if properly authenticated; and the fact that on its face it attempted to dispose of choses in action could not affect the right to have it recorded as an entirety.</p>