Throckmorton v. Davenport
Throckmorton v. Davenport
Opinion of the Court
The field notes of the land sued for, as given in plaintiff’s petition, are as follows: “Beginning at the N. E. corner of a survey of 640 acres made for Hugh Maloy for the S. E. corner of this; thence N. 19° E., 950 varas to the N. E. corner of this survey; thence S. 71° W., 950 varas to the'¡¡ST. W. corner of this survey; thence S. 19'' W., 950 varas to the S. W. corner of this survey; thence H. 71° E., 950 varas to the beginning.” The petition contains no other description sufficient to identify the land. In the judgment the field notes are the same with the exception of the second and
Reversed and remanded.
[Opinion delivered May 10, 1881.]
Reference
- Full Case Name
- W. E. Throckmorton v. J. H. Davenport
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- 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. 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.