The Laws of Texas, 1822-1897 Volume 2 Page: 311
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Laws of the Republic of Texas.
137
Sec. 3. Be it further enacted, That in all actions commenced
or prosecuted in any of the courts of this Republic, wherein the
right or title to any lands or tenements shall come in question,
the presiding judge of the court wherein the same may be depending,
in order for the better finding out and discovering the truth
of the matter in difference, shall, either in chambers or in open
court, at his own discretion, or on the motion of any of the parties
to said suit, appoint a surveyor, who shall survey and return the
same on oath at the next sitting of the said court; and if the court
shall acquiesce in the return of the surveyor given in on oath, as
aforesaid, the same shall be allowed as evidence.
Sec. 4. Be it further enacted, That in all actions of trespass to
try title, where the defendant shall set up title to the land in question,
or any part thereof, either by possession or otherwise, he shall
be required to plead the same, and in the plea shall set out the land
so claimed by him by metes and bounds, with the same precision as
the plaintiff is required to do.
Sec. 5. Be it further enacted. That when a tenant is sued for
lands of which he is in possession, the real owner or his agent or
attorney, may enter himself on the proceedings as the defendant in
the suit, and shall be entitled to male such defence as if he had
been the original defendant in the action.
Sec. (i. Be it further enacted, That it shall not be necessary to
prove an actual trespass on the part of the defendant to support
this action, nor shall this act be so construed as to alter, impair
or take away the rights of parties as arising under the laws in force
before the introduction of the common law, but the same shall be
decided by the principles of the law or laws under which the same
accrued, or by which the same were regulated, or in any manner
affected.
Sec. 7. Be it further enacted, That in all actions of trespass
to try titles to lands. commenced within the time limited by law.
the plaintiff shall proceed with all convenient expedition to the
trial of the same: and in case a verdict and judgment shall pass
against him in such action. such verdict and judgment shall not
be conclusive and definitive against the plaintiff, but at any time
within one vear the said plaintiff, or any other person claiming
nnder him, shall have a right to commence his action for the recovery
of the said lands de novo, and prosecute the same in the
manner and with the expedition before directed: but in case a verdict
and judgment again pass against such plaintiff, then such second
verdict and judgment shall be finally conclusive on the part
of every such plaintiff; and he shall be forever barred and excluded
from any further action or suit for the recovery of the(s11)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/315/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .