Doggett v. Nitschke
Cases that cite this one
26 later published cases cite this decision. The 22 that cite it most often are listed here.
- Merit Management Partners I, L.P. v. Noelke (Tex. App. 2008)
- Effel v. Rosberg (Tex. App. 2012)
- Lisa Hawkins v. Michael Jenkins and Wanda Jenkins (Tex. App. 2019)
- Kevin Geheb v. TransCanada Keystone Pipeline, L.P. (Tex. App. 2017)
- Pensive Properties LP v. Terry Barnhart and All Occupants (Tex. App. 2015)
- AAA Free Move Ministorage, LLC v. OIS Investments, Inc. (Tex. App. 2012)
- Aspenwood Apartment Corp. v. Coinmach, Inc. (Tex. App. 2011)
- Aspenwood Apt. Corporation v. Coinmach, Inc. F/K/A Solon Automated Services, Inc. (Tex. App. 2011)
- Davis v. Thomas (Tex. App. 1977)
- Ali Mahrou and Gypsie Mahrou v. Alan White, Steve Drake, and Byrd Ranch Property Owners Association (Tex. App. 2023)
- Joe Frank Muzquiz/Para Todos, Inc. v. Para Todos, Inc./Joe Frank Muzquiz (Tex. App. 2021)
- Antonio Ruiz, Martha Ruiz, and All Occupants of 11207 Bayou Place Lane, Houston, Texas, 77099 v. Invum Three, LLC (Tex. App. 2021)
- John Freeman Junior v. Formosa Management, L.L.C. (Tex. App. 2016)
- Rhonda Patrice Goodman-Delaney v. Marilynn Grantham (Tex. App. 2015)
- Jose Luis Garcia v. Joanna Anaya (Tex. App. 2014)
- Jack Lewis Bynum v. Harold Ray Lewis (Tex. App. 2013)
- Danny Sherrod v. Denny Powell and Charles Powell (Tex. App. 2012)
- in Re Benny Wayne Stewart (Tex. App. 2008)
- Gordon v. Jones (Tex. App. 2006)
- Ronald X. Gordon v. Mildred Jones James Albro (Tex. App. 2006)
- Kajo Church Square, Inc., and the Kajo Trust v. Don Walker, Patsy Ruth Walker, Joe C. Eakin, III and Meriam Eakin (Tex. App. 2003)
- In re Nash (Tex. App. 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
ON REHEARING OF APPLICATION FOR WRIT OF ERROR
This is an action in the county court to determine the ownership of a $9,000 condemnation award which was deposited in the registry of the County Court at Law, No. 2, of Travis County. All of the parties to this action were formerly defendants in a condemnation proceeding brought by the Board of Regents of The University of Texas System. James B. Nitschke and Mary Alice Smith, as the fee owners of the land that was taken, assert their right to the fund, as does D. A. Doggett, their former tenant. The opinion of the court of civil appeals correctly states the facts and the nature of the dispute. 489 S.W.2d 335.
At issue is whether D. A. Doggett had a lifetime lease of the condemned tract, upon which determination the recovery of the $9,000 depends. The fee owners dispute Doggett’s claim to a lifetime leasehold estate and also urge that such a lease is void in law. This presents a dispute about the title to land within the meaning of Section 8, Article V of the Texas Constitution, Vernon’s Ann.St. Galley v. Hedrick, 127 S.W.2d 978 (Tex.Civ.App.1939, no writ); see Kallison v. Western Flavor-Seal Company, 403 S.W.2d 507 (Tex.Civ.App.1966, writ ref’d n. r. e.); Gossett v. Manley, 43 S.W.2d 622 (Tex.Civ.App. 1931, writ ref’d).
A county court does not have jurisdiction to try questions of title to land. Blaylock v. Riser, 163 Tex. 235, 354 S.W. 2d 134, 135 (1962). Upon the authority of McCauley v. Consolidáted Underwriters, 157 Tex. 475, 304 S.W.2d 265 (1957), this *340 court may take jurisdiction of such an appeal and make appropriate orders. We accordingly grant petitioner Doggett’s motion for rehearing, we withdraw our order of May 16, 1973, refusing the application for writ of error, no reversible error, and we grant the application. Under the authorization of Rule 483, Texas Rules of Civil Procedure, the judgments of the courts below are vacated and the cause is dismissed, without prejudice to the rights of the parties to pursue further actions in the district court. Zuniga v. U. S. Investors, Inc., 453 S.W.2d 811 (Tex. 1970).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.