Throckmorton v. Davenport

Citations

• 55 Tex. 236
• 1881 Tex. LEXIS 108

Syllabus

<p>1. Judgment.—It is manifest error to render judgment in an action of trespass to try title for land, a portion of which is not embraced in the description given in the pleadings of the land in controversy.</p> <p>3. Practice.— In a suit by one claiming pre-emption rights, brought against the county surveyor to compel by mandamus a survey, and against parties in possession to recover the land, the plaintiff may dismiss as to the surveyor, and prosecute the suit to try title against the parties in possession.</p>