The Rules of Practice in the Civil Courts of Record of the State of Texas Volum
The Rules of Practice in the Civil Courts of Record of the State of Texas Volum
John Sayles
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W. Rep. 112). The venue of a suit against a surveyor to compel the performance of an official duty is in the county of the Mirvt. Yor's resi'dence. The fact that others who are made parties defendant as- sert an adverse interest in the land will not constitute the proceeding such ;i suit involving title to land as to require or authorize its institution in the county u-h. -iv the land is sitn. It. I . X. Mex. Ry. Co. V. Locke, 63 T. 623. II v. Owen, 3 T. 345; Finch v. K. Lmondson. O T. 604; Van...dever v. Freeman, m Bender v. Damon, 72 T. 92 (9 a W. Rep. 747). VENUE OF ACTIONS. [ 235, rule applies where two tracts are involved and one lies partly out- side the county where suit is brought. 1 In a suit to remove cloud from title, brought in a county within which none of the land is situated, a plea in abatement filed in proper time and manner objecting to the venue should be sus- tained. A plea by any one necessary defendant is sufficient. 2 An action of trespass to try title against a railroad company must be brought in the county in which the land lies.
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