Stegall v. Huff

Citations

• 54 Tex. 193
• 1881 Tex. LEXIS 1

Syllabus

<p>1. Service by publication.—Under the statute in forcé in 1869, authorizing citation by publication in a justice’s court (Pasch. Dig., art. ' 1190), a judgment by default, based on a citation by publication, made on an affidavit that the residence of the defendant was unknown to affiant, is void, that fact appearing upon the record; and may be attacked collaterally. ..</p> <p>2. Same.—Such service should be strictly construed.</p> <p>8. Same—Equity—Limitation.—A sale of land made under execution based on such a judgment could not divest title. The owner would not be bound to refund the purchase money paid before being entitled to recover in a suit against a purchaser in possession, nor could the purchaser sustain limitation of three years under his deed.</p> <p>4. Limitation.—An occasional use of laud for the purpose of cutting timber, unaccompanied with actual residence on the land, is not such possession as will support the five years’ statute of limitations.</p> <p>5. Purchaser—Notice.—A purchaser at a judicial sale, is chargeable with notice whether the court had jurisdiction to pronounce the judgment under which the sale was made. ></p> <p>6. Practice—Trespass to try title.—In an action of trespass to try title, when the defendant claims title through a sheriff’s deed under judgment and execution against the plaintiff, the plaintiff is not required to deraign title beyond himself, as a common source, nor is he required to allege the common source of title in order to introduce evidence of it.</p>