Walsh v. University of Texas, 4209.
| Citation | 169 S.W.2d 993 |
| Decision Date | 18 June 1942 |
| Docket Number | No. 4209.,4209. |
| Parties | WALSH et al. v. UNIVERSITY OF TEXAS et al. |
| Court | Court of Appeals of Texas |
Appeal from District Court, Travis County; J. D. Moore, Judge.
Action of trespass to try title by Edward J. Walsh and others against the University of Texas and others. From a judgment of dismissal, the plaintiffs appeal.
Judgment affirmed.
Emmett Shelton, of Austin, for appellants.
Gerald C. Mann, Atty. Gen., and Scott Gaines, Ocie Speer, Geo. W. Barcus, and Jas. L. Noel, Jr., Asst. Attys. Gen., for appellees.
This is an appeal from the 98th District Court of Travis County. Edward J. Walsh and other individuals were plaintiffs below and the University of Texas and its Board of Regents were the defendants. The parties will be described here as there.
The action was the statutory action of trespass to try title. The trial court dismissed the suit on the theory the suit is against the State without legislative consent, or that the State is a necessary party absent. From that judgment the plaintiffs have appealed.
The plaintiffs complain "of the University of Texas and the Board of Regents of the University of Texas." They allege: They pray, "that the plaintiffs have judgment for the title and possession of the above described premises, for their damages, and for other and further relief, etc."
The land sought to be recovered is two tracts described by metes and bounds situated in Travis County. The damages are for four months rental in the aggregate of $600.00.
The University and the Board of Regents are institutions of the State, and neither has any existence independent of the State. The petition makes perfectly clear there is no effort to sue the named defendants as individuals. Property belonging to the University of Texas is the property of the State. York v. Alley, Tex. Civ.App., 25 S.W.2d 193, writ refused. Consequently if the plaintiffs recover the title they pray to recover the recovery is against the State. Likewise the damages which plaintiffs seek to recover are not damages against the parties named as defendants but against the State. The damages, if any, were incurred by these agencies named acting for the State. In the case of Herring v. Houston National Exch. Bank, 113 Tex. 264, 253 S.W. 813, in a suit upon notes executed by the Prison Commissioners for the benefit of the State, the Supreme Court held that to be a suit against the State. The judgment...
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