Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 138
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138 YORK V. CARTWRIGHT. [Tyler Term,
Argument for the appellees.
dent of that county after 1835, and that he was neighbor
to the said Henry W. Sublett and the defendants; that
the defendants combined and confederated to defraud,
cheat, and swindle the said Aaron York by commencing
a suit iij Henderson county, by publication in the name of
Henry W. Sublett, who made an affidavit of the non-residence
of the said York; that that was done with the
fraudulent intent to give thba court of Henderson county
jurisdiction of the case; that the county of San Augustine,
and that county only, had jurisdiction; that no statement
of facts was filed with the papers of the case, as the law
requires; that after the commencement of the said suitcby
publication, and before the judgment was rendered, the
said Aaron York died; and that, notwithstanding his
death, the said defendants proceeded to take judgment 5th
May, 1856, and without any notice the said defendants
moved the court to reform the said judgment, and did so,
bringing in a new party at the November term, 1856, and
by a decree of the court divided the said land between the
pretended plaintiffs, Henry W. Sublett and the defendants,
except said York.
T. J. Word, for appellants.
The plaintiffs ought to have been permitted to amend.
(Teas v. McDonald, 13 Tex., 349, 354.)
The general demurrer admits the facts, and it was error
to sustain the demurrer. (Williams v. Warnell, 28 Tex.,
A judgment rendered by a court having no jurisdiction
is a nullity. (Withers v. Patterson, 27 Tex. 491-493, 495497.)
As to bringing suit by publication. (Sydnor v. Roberts,
13 Tex., 598, 619, 620.)
Reagan ( Greenwood, for appellees.
This was an action of trespass to try title to one league
and labor of land, instituted by the appellants in the Dis
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/146/: accessed June 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .