Lasater v. Fant

• Decision Date: 02 December 1897
• Citation: 43 S.W. 321
• Parties: LASATER et al. v. FANT.
• Court: Texas Court of Appeals

43 S.W. 321

LASATER et al. v. FANT.

Court of Civil Appeals of Texas.

December 2, 1897.

Error from Hidalgo county court; J. M. De La Vina, Judge.

Action by D. R. Fant against Ed. C. Lasater and another. From a judgment for plaintiff, defendants bring error. Reversed.

G. R. Scott & Bro., for defendant in error.

WILLIAMS, J.

An action of forcible entry and detainer was instituted before a justice of the peace of Hidalgo county, on the following complaint:

"No. 11. The State of Texas, County of Hidalgo. Justice's Court, Precinct No. 6. To Jesse Dennett, Justice of the Peace in Said Precinct: D. R. Fant, by N. L. Word, shows that heretofore, to wit, on the 14th day of September, 1896, he was in peaceful possession of state certificates Nos. 82, 70, 68, and 59, and the tract of land called `El Lucero,' and any and all other lands adjacent thereto, in the county of Hidalgo, and state of Texas, by right of purchase and lease, together with the improvements thereon situated; that, on said day, E. C. Lasater, by his agent, R. H. Rice, entered upon said premises, by erecting a fence or placing posts in the ground for a fence; that, by virtue of said lease and purchase, the said D. R. Fant entered into the possession of said premises, and is still possessed by the same; that being desirous, upon the determination of said term, to have again and repossess his said estate, he, for that purpose, did, on the 14th day of September, A. D. 1896, make demand in writing of the said E. C. Lasater, through R. H. Rice, agent, for possession thereof; and the said E. C. Lasater, through R. H. Rice, agent, has hitherto refused, and still does refuse, to comply with said demand, but willfully holds said premises. Whereof he prays that the defendant be cited to answer this complaint, and that he have judgment for the restitution of said premises, and for costs. N. L. Word.

"Sworn to and subscribed before me, this 14th day of September, A. D. 1896. Jesse Dennett, Justice of the Peace, Prect. No. 6, Hidalgo Co."

Citation was issued by the justice of the peace, which commanded the officer to summon the said E. C. Lasater or R. H. Rice, agent. The return of the officer states that the writ was executed by citing R. H. Rice, agent, for E. C. Lasater, etc. The case was tried September 21, 1896, and a judgment was rendered reciting the appearance of the plaintiff by N. L. Word, agent, and of the defendant by R. H. Rice, agent, and reciting the trial and the verdict of the...