Thornton v. Murray

Citations

• 50 Tex. 161

Syllabus

<p>1. Registration of judgments, decrees, &c.—The object of articles 4710 and 5023 of Paschal’s Digest, requiring that judgments and decrees relating to lands be recorded, &c., is not to prohibit the introduction in evidence of a decree or judgment of the class designated, under all circumstances, until recorded, but only to apply the sj'stem of registration to such a judgment or decree, and to deny to a party the right to so introduce it in evidence unless he shows its registration, or facts which make it, as between the parties and under the general provisions of the registration laws, admissible without registration.</p> <p>2. Same.—A decree of divorce and adjudging the possession of the homestead of the parties to the wife, said homestead being in another county, is admissible by the wife in defense in an injunction suit brought by a party in possession to enjoin a writ of possession under such decree.</p> <p>3. Same—Statutes construed.—Articles 4710 and 5023 of Paschal’s Digest, construed.</p> <p>4. Pleading.—Where the petition in a suit seeking to enjoin a writ of possession described the land, the defendant in asserting title could properly adopt the description so given without setting it out in full.</p> <p>5. Preemption—Abandonment.—That a preemptor in actual possession, after having survey made, liad not caused the field-notes to be returned to the general land office within twelve months after the settlement upon the preemption, is not a forfeiture or abandonment of the preemption claim.</p> <p>6. Statute construed.—Paschal’s Dig., art. 7099, construed.</p> <p>7. Same.—See facts held insufficient to evidence an abandonment of a preemption in favor of a subsequent preemption claimant with full knowledge of the older claim.</p> <p>S. Decree op divorce a finality as to the rights adjudicated.—A decree adjudging a homestead to one of the parties to a divorce suit is a finality, and one claiming against the interest of both parties to the divorce suit,cannot