Champion v. Shumate
Texas Supreme Court
Error to Court of Civil Appeals, Fifth District, in an appeal from Grayson County. Shumate appealed from a judgment setting aside, in lieu of allowances to the family of deceased, the proceeds of a crop on which he held a landlord’s lien. The judgment being reversed and remanded, appellees obtained writ of error from the Supreme Court, on the ground that the ruling practically settled the pase.
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Error to Court of Civil Appeals, Fifth District, in an appeal from Grayson County. Shumate appealed from a judgment setting aside, in lieu of allowances to the family of deceased, the proceeds of a crop on which he held a landlord’s lien. The judgment being reversed and remanded, appellees obtained writ of error from the Supreme Court, on the ground that the ruling practically settled the pase. The opinion of the Court of Civil Appeals is here published as necessary to a proper understanding of this decision.
1Opinion of the Court
This case was tried below upon the following agreed statement: "1. That W.H. Shumate, the temporary administrator, rented to deceased, B.B. Champion, certain lands in Grayson County, Texas, for the year 1895, at an agreed rental of $175. That said Champion died intestate in August, 1895, leaving surviving him no wife, and but the following children, who are his heirs at law, and have ever since the date of their father's death lived together and now constitute one family, to-wit, — Jennie, Leo, Lizzie, Prudie, Charlie and John Champion, all of whom are minors, except Jennie and John, and…
2Cases cited2 opinions
- Robertson v. PaulTexas Supreme Court · 1856
- Giddings v. CrosbyTexas Supreme Court · 1859
3Cited by5 opinions
- Penniman Gravel & Material Co. v. HuttonCourt of Appeals of Texas · 1929
- Guest v. WilsonCourt of Appeals of Texas · 1935
- Champion v. ShumateTexas Supreme Court · 1897
- Newnom v. HedemanCourt of Appeals of Texas · 1916
- Walker v. Estate of Ben PattersonCourt of Appeals of Texas · 1903