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3 Willson 109

Brown v. Brown

Court of Appeals of Texas

Decided January 27, 1886

Court of Appeals of Texas · decided 1886-01-27

<p>Appeal from De Witt; County.</p>

Decided 1886-01-27

¶1Opinion by

Hurt, J.

¶2§ 82. Jurisdiction of county court of suit for damages to real estate. Appellant brought this suit for damages, alleging that appellee unlawfully broke and entered his close and committed trespasses thereon, by cutting timber, etc., to plaintiff’s damage $450. . A demurrer was sustained to the petition upon the ground that the court did not have jurisdiction of the cause, as it involved title to land, and the suit was dismissed. Held, error. The action was for damages, and the title to land was not involved, or if title to land was involved, it did not so appear from the petition, and the petition showed that the court had jurisdiction of the subject-matter. .

¶3Reversed and remanded.

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