Thomson v. Locke

Citations

• 66 Tex. 383
• 1 S.W. 112
• 1886 Tex. LEXIS 530

Syllabus

<p>1. Venue—It is the general rule that every inhabitant of this state must be sued in the county of his domicile; and if from a petition it appears that a suit is brought in a county other than that of the defendant’s domicile, objection may be made to the venue of the suit unless the petition states facts which bring it within one of the exceptions to the general rule.</p> <p>2. Same—Recovery of land—Statute construed—A suit for the recovery of land, as used in the statute specifying exceptions to the general rule as to venue, means an action of ejectment, trespass to try title, or suit to recover the land itself. The “recovery of land” has reference to the possession, and “damages thereto” has reference to an injury to the possession or to the freehold or estate. (Miller v. Rusk, 17 Tex., 171.)</p> <p>3. Same—Encumbrance—In a legal sense, the word “encumbrance” means an estate interest or right in lands, diminishing their value to the general owner; a paramount right in, or weight upon, land which may lessen its value.</p> <p>4. Same—Legislative intention—Under the law in force prior to the Revised Statutes no suits affecting the right to land were required to be brought in the county where the land was situated, except such as could be maintained as actions of trespass to try title. The intention of the legislature since, in increasing the classes of suits affecting the right to land which should be brought in the county where the land was situated, has been to provide the venue in all cases in which the title to land should be in controversy.</p> <p>5. Trespass to try title—Location and survey—Under the law in force prior to the Revised Statutes, the action of trespass to try title could be maintained to enforce the right acquired by locations upon land; but under the Revised Statutes that action can be maintained upon no right lower than that acquired by location and survey.</p> <p>6. Same—Venue—There is nothing in the nature of the right secured by the locati