Cooper v. Newell, 134
Decision Date | 03 April 1899 |
Docket Number | No. 134,134 |
Citation | 19 S.Ct. 506,173 U.S. 555,43 L.Ed. 808 |
Parties | COOPER et al. v. NEWELL et al |
Court | U.S. Supreme Court |
This is a certificate from the circuit court of appeals for the Fifth circuit, stating that the
That prior to the trial Stuart Newell died, and the proper persons were duly made parties plaintiff, as well as an additional party defendant, and plaintiffs filed their fifth amended original petition, in which, in addition to the usual averments required to be made by the Texas statutes in an action of trespass to try title, plaintiffs further alleged that defendants set up title to the land in controversy through a judgment rendered May 21, 1850, in the district court of Brazoria county, Tex., in favor of Peter McGrael and against Stuart Newell, a certified copy of which proceedings was attached to and made a part of said amended petition; and 'that said judgment was null and void, and was not binding on the said Stuart Newell nor plaintiffs, nor could defendants claim title under said judgment, for the following reasons, viz.:
'Attached to plaintiffs' said petition was a certified copy of the record in the case of Peter McGrael v. Stuart Newell in district court of Brazoria county, Texas, to which was attached the certificate of the clerk that said record contained a full, true, and correct copy of all the proceedings had in said suit, and which record was afterwards put in evidence on the trial by defendants.
'This record consisted of: First, a petition in the ordinary form of trespass to try title, in which Peter McGrael was plaintiff and Stuart Newell was defendant, and in which petition it was alleged that Peter McGrael was a resident citizen of the county of Brazoria, state of Texas, and that Stuart Newell was a resident citizen of the county of Brazoria, state of Texas. A number of different tracts of land, one of which was situated in Brazoria county, were described in said petition, among them the land in controversy, which was alleged to be situated, then as now, in Harris county, Texas. Said petition likewise contained a prayer that Stuart Newell be cited to appear before the next term of the said district court of said Brazoria county, and that he be condemned to restore to plaintiff the peaceable possession of the said lands, and that he and all other persons be thereafter testrained from disturbing plaintiff in the possession and use thereof, and that defendant be condemned to pay plaintiff five thousand dollars damages for taking possession of said facts of land, and also be condemned to pay a reasonable rent for the same. Prayer was likewise made for general relief, and that plaintiff be quieted in his title and possession of the said land. This petition was filed on one 20th day of May, 1850, and contained the following indorsement:
'Second. The following answer, filed May 20, 1850, viz.:
'Third. The following order of court:
" .
'Fourth. The following decree:
"Peter McGrael vs. Stuart Newell. No. 1,527. Tuesday, May 21, 1850. This day came the parties, by their attorneys, and, the demurrer of the defendant being heard, the same was overruled; and thereupon came the following jury of good and lawful men, to wit [here follow names of the jurors], who, after hearing the evidence and argument, thereupon returned the following verdict:
'"We, the jury, find for the plaintiff, and that he recover the several tracts of land mentioned and described in the petition.
'"E. Giesecke, Foreman.'
'The defendants answered herein, demurring to the plaintiffs' fifth amended original petition, upon the ground that it appeared therefrom that the plaintiffs thereby attacked col- laterally and alleged to be void the judgment of the district court of Brazoria county, in the state of Texas, and within the said Eastern district thereof, a court of general jurisdiction of the parties and the subject-matter connected with and involved in said judgment, and that said judgment was a domestic judgment, assailable only in a direct proceeding to impeach it, and that no proceeding had ever been taken to review, appeal from, vacate, or qualify said judgment, and that plaintiffs' right to do so is now barred by limitation and lost by laches. Defendants also answered by plea of not guilty, and the statute of limitation of three, five, and ten years.
'Upon the trial of the case in the circuit court, there was evidence offered by the plaintiffs tending to prove that Peter McGrael was the common source of title, and that, as alleged in plaintiffs' petition, the land in controversy had been conveyed by said Peter...
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