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- 159 S.W. 69
CHAISON et al.
v.
McFADDIN et al.
Court of Civil Appeals of Texas. Galveston.
June 16, 1913.
On Motion for Rehearing June 26, 1913.
Error to District Court, Jefferson County; E. A. McDowell, Special Judge.
Action by Clara Chaison and others against W. P. H. McFaddin and others. From
Page 70
a judgment for defendants denying plaintiffs' right to recover rents and profits for the use of certain land, they bring error. Affirmed.
See, also, 132 S. W. 524.
Presley K. Ewing, of Houston, George C. Greer and E. E. Easterling, both of Beaumont, for plaintiffs in error. F. C. Proctor, F. J. Duff, and D. Edward Greer, all of Beaumont, for defendants in error.
McMEANS, J.
This is an action by Clara Chaison, as widow, and the other plaintiffs as, or in the right of, the children and heirs at law, of Jeff Chaison, deceased, against W. P. H. McFaddin, to recover the David Cunningham survey of 1,170 acres of land situated in Jefferson county, less a tract of 208 acres sold by Chaison and Hebert to W. P. H. McFaddin on February 7, 1885. The petition was filed February 2, 1901. Plaintiffs filed their first-amended petition July 19, 1901. In these petitions plaintiffs, in addition to their prayer for recovery of the land, prayed only for general damages. On January 2, 1904, the American Oil & Refining Company of Texas, a corporation, filed its intervention with the usual averments of trespass to try title against W. P. H. McFaddin, alleging that it had acquired the land, and "all of the rights of action of the original plaintiffs thereto." In this petition, in addition to the averments of the plaintiffs' petition, it was alleged that in the month of February, 1901, defendant McFaddin by violence, force, and fraud wrested the possession from the petitioner and those whose estate it holds, and ejected them therefrom, and appropriated the possession and use of, and the rents and revenues from, said premises ever since; that the reasonable rental value of or the value of the use of said premises is the sum of $6 per acre per year, of which rents and use the defendant had deprived the petitioner and those under whom it holds, and had appropriated same to his own use and benefit since February, 1901, to the damage of petitioner in the sum of $16,182 up to the date of filing the petition, and that such damage will continue at the rate of $6 per acre per year as long as defendant withholds possession of said premises from petitioner. January 11, 1909, Intervener American Oil & Refining Company, joined by its duly qualified and acting receiver, J. D. Martin, filed its first-amended petition against defendant McFaddin, setting up the same averments of trespass to try title as in the original petition and substantially the same averments for the recovery of ....
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