Legal Opinion

White v. Mitchell

Texas Supreme Court

Decided October 16, 1883No. Case No. 1436-4526PublishedCited by 42 opinions

Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Suit by Susan White and others against Mary T. Mitchell, as administratrix of the estate of Samuel Mitchell, to recover an interest in land and for partition. Mary T. Mitchell claimed homestead rights as surviving widow, etc. The case will be understood from the opinion and statement in syllabus.

1Opinion of the Court

Stayton, Associate Justice.

The judgment of June 14, 1881, determined the rights of the respective parties in the three hundred and twenty acres of land of which partition was sought. That judgment was final in its character. Merle v. Andrews, 4 Tex., 200; Cannon v. Hemphill, 7 Tex., 184; McFarland v. Hall, 17 Tex., 690.

An appeal might have been prosecuted from that judgment, and this seems to have been recognized by the parties plaintiff, for, after their motion for a new trial was overruled, they gave notice of appeal, and caused a statement of facts to be made out and filed; yet they filed…

2Cases cited4 opinions

  1. Cannon v. HemphillTexas Supreme Court · 1851
  2. Renn v. SamosTexas Supreme Court · 1874
  3. Banton v. WilsonTexas Supreme Court · 1849
  4. Scott v. AllenTexas Supreme Court · 1846

3Cited by42 opinions

  1. Waters-Pierce Oil Co. v. State of TexasTexas Supreme Court · 1907
  2. Hargrove v. Insurance Investment Corp.Texas Supreme Court · 1944
  3. Griffin v. WolfeTexas Supreme Court · 1980
  4. Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
  5. Marmion v. WellsCourt of Appeals of Texas · 1952

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