17 S.W. 1088
CARRUTHERS 
v. 
JOHNSON et al.
Court of Appeals of Texas.
December 9, 1891.
        Appeal from Navarro county court; JOHN H. RICE, Judge.
        Action by F. W. Carruthers against T. E. Johnson and another for breach of warranty of a title to 
land. From a judgment for defendants rendered on trial by the court without a jury, plaintiff appeals. 
Reversed and remanded.
        Frost & Etheridge, for appellant.
        WHITE, P. J.
        Appellant, on January 5, 1891, instituted this suit in the county court of Navarro county against the 
appellees. T. E. Johnson was alleged to reside in Navarro county; the petition further alleging that the 
other appellee, who was a resident of Navarro county, was a remote warrantor of appellant, in the same 
chain of title, to certain lands described in the petition; that there was a breach of their said warranty; 
and, by reason thereof, appellee Miles was indebted to appellant in the sum of $153, and
Page 1089
the appellee Johnson in the sum of $600. On February 18, 1891, appellee Johnson filed his motion to 
quash the citation for supposed defects therein, which motion was overruled; and thereafter, on March 14, 
1891, he filed his plea of personal privilege to be sued in Freestone county, wherein he resided, which 
motion appellant moved to strike out because filed too late. The court overruled the motion to strike out 
the plea to the jurisdiction, but sustained Johnson's plea of personal privilege, and dismissed the cause. 
Appellant excepted, gave notice of appeal, and here prosecutes his appeal.
        Defendant Johnson's plea of personal privilege was not filed in the county court until 
March 14, 1891; and prior to that time said Johnson had appeared in court, to-wit, on the 
18th of February, 1891, and submitted his motion to quash the service of citation upon 
him. By submitting a motion to quash the service, without simultaneously submitting a 
motion of personal privilege, he submitted himself to the jurisdiction of the court, 
(Feibleman v. Edmonds, 69 Tex. 334, 6 S. W. Rep. 417; York v. State, 73 Tex. 652, 11 S. 
W. Rep. 869; and Sam v. Hochstadler, 76 Tex. 162, 13 S. W. Rep. 535;) and such should 
have been the ruling of the court. Moreover, this being a suit for damages for a breach of 
warranty in the title to land, the court erred in sustaining appellee Johnson's plea to the 
jurisdiction upon the ground of his personal privilege to be sued in Freestone county, 
wherein he resided; Mills, his co-defendant, being a resident of Navarro county. By 
article 1199a, Rev. St., it is provided that, in a breach of warranty to a title to lands, 
where the vendors liable thereon live in different counties, the plaintiff may bring his 
action in any county where either of such vendors resides, and join all vendors in one and 
the same suit. The plaintiff in such an action is not required to make all vendors parties, 
but may sue them all in the county of the residence of any one liable on the warranty, and 
may (if he chooses) join them all, and any court of competent jurisdiction in the county 
where such vendor resides has jurisdiction over the persons of all the other vendors, 
without reference to the residence. Under the statute quoted, the suit was properly 
brought in Navarro county. Because the court erred in its ruling as above pointed out, the 
judgment is reversed, and the cause remanded. All judges present and concurring.