Sunday, November 10, 2013

Honda of America Mfg., Inc. v. Norman case brief

Honda of America Mfg., Inc. v. Norman case brief summary
104 S.W.2d 600 (2003)


CASE SYNOPSIS
Appellant individual challenged a judgment by the trial court (Texas), which denied his action in trespass to try title against appellee lumber company and held that the lumber company held title and possession of the land.

CASE FACTS
The individual claimed that he owned an undivided five-sixths of land and that the lumber company owned one-sixth. An action in trespass to try title was filed and the trial court ruled in favor of the lumber company by holding that the company held title and possession of the land. The company had claimed that it obtained title by virtue of a tax judgment.

DISCUSSION
  • The court affirmed on appeal. 
  • The court first rejected the individual's arguments related to the tax title because the individual could not collaterally attack the verity of the tax judgment. 
  • Moreover, the court held that the judgment in the tax suit was not void because all parties who had an interest in the land were not made parties. 
  • Such judgment foreclosing the tax lien was good as against the parties in interest joined in the suit. 
  • The court then held that the trial court's judgment was supported by the paper and record evidence relating to the deed and conveyances of the land. 
  • The court overruled the individual's subsequent motion for rehearing.

CONCLUSION

The court affirmed the trial court's judgment.

Suggested Study Aids For Tort Law

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