Walker v. Read

Citations

• 59 Tex. 187
• 1883 Tex. LEXIS 126

Syllabus

<p>1. Judgment for co-teNant; effect of. - A judgment in favor of a co-tenant for all the land claimed by the several tenants in common inures to the benefit of all the tenants in common, so far as the right to possession is conc-rned, where the petition discloses their several interests; but in a future action between the co-tenant, who was not a party to the first suit, and the original defendant, such judgment can have no effect except in so far as the assertion of title in the former suit by the co-tenant may have interrupted the running of the statute of limitations.</p> <p>2. Pleading — Joint trespassers.— If one sued with others as a joint trespasser on land, in trespass to try title, fails to restrict his defense to so much of the entire tract as he claims, and disclaims as to the remainder, but on the contrary unites with his co-defendants in denying any right of the plaintiff to the land, he thereby renders himself jointly liable for the wrongful holding of his co-defendants, if the plaintiff recovers. Having done more than was necessary for his defense, he becomes a participant in the wrongful holding of his co-defendants, and all become jointly and severally liable'for the continuing trespáss óf each.</p> <p>3. Pleading.— See statement and opinion for pleading held sufficient to charge several as joint trespassers.</p>