Legal Opinion

Lemmel v. Pauska

Texas Supreme Court

Decided March 21, 1881No. Case No. 678PublishedCited by 4 opinions

Appeal from Harris. Tried below before the Hon. James Masterson. On the 17th day of October, 1874, Josephine and Sophia Pauska, children of Joseph Pauska, deceased, and Fanny Oulmore, surviving widow of Joseph Pauska, joined by her .present husband, Charles Oulmore, filed their petition in district court of Harris county, in form of trespass to try title, to recover of appellant, Gr.

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Appeal from Harris. Tried below before the Hon. James Masterson. On the 17th day of October, 1874, Josephine and Sophia Pauska, children of Joseph Pauska, deceased, and Fanny Oulmore, surviving widow of Joseph Pauska, joined by her .present husband, Charles Oulmore, filed their petition in district court of Harris county, in form of trespass to try title, to recover of appellant, Gr. W. Lemmel, lots Nos. 7, 8, 9 and 10, in block No. 279, with improvements, situated in the city of Houston. The appellee, Fanny, claiming one-half as community property between herself and Joseph Pauska, and the…

1Opinion of the Court

Watts, Commissioner.

The statute in force at the time of the rendition of the judgment against Joseph Pauska, the affirmance of the same, and the issuance of *509the execution and sale thereunder, prescribes that: “Any person capable of making a will may so provide by his or her will, that no other action shall be had in the county court in relation to the settlement of his or her estate, than the probating and registration of his or her will, and the return of an inventory of the estate; and in all such cases, any person having a debt or claim against said estate m'ay enforce the payment of the…

2Cases cited1 opinion

  1. Rogers v. HarrisonTexas Supreme Court · 1875

3Cited by4 opinions

  1. Holloway v. McIlhenny Co.Texas Supreme Court · 1890
  2. Hagelstein v. BlaschkeCourt of Appeals of Texas · 1911
  3. Teston v. BranninCourt of Appeals of Texas · 1924
  4. Teston v. BranninCourt of Appeals of Texas · 1924

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