Legal Opinion

Hopkins v. Cain

Texas Supreme Court

Decided February 21, 1913No. 2373PublishedCited by 27 opinions

1. —Practice in Supreme Court—Attacking Findings of Fact. The findings of fact in the court below will be accepted by the Supreme Court where parties questioning the sufficiency of the evidence in law fail to point out the defect. The court is not required to hunt through the record for evidence to sustain the finding. (P. 596.) 2. —Judgment—Service by Publication—Collateral Attack—Record.

Read the full summary

1. —Practice in Supreme Court—Attacking Findings of Fact. The findings of fact in the court below will be accepted by the Supreme Court where parties questioning the sufficiency of the evidence in law fail to point out the defect. The court is not required to hunt through the record for evidence to sustain the finding. (P. 596.) 2. —Judgment—Service by Publication—Collateral Attack—Record. Error to the Court of Civil Appeals for the Fourth District, in an appeal from Harris County. Cain sued Edward H. and Clara B. Hopkins and their unknown heirs, to quiet title to land. Helen E. Hendrickson…

1Opinion of the CourtChief Justice Brown

Sue E. Baker and Edward H. Hopkins and wife were the owners of 1,043 acres of land in a survey patented to Wm. Francis in Harris County. Sue E. Baker filed a suit in the District Court of Harris County against Edward H. Hopkins and Clara B. Hopkins and their unknown heirs, whose residences were unknown. In that suit Sue E. Baker claimed two-thirds of the land, alleging that the remaining one-third belonged to the defendants. Service was had by public citation and judgment was rendered in favor of Sue E. Baker for two-thirds and Edward and Clara B. Hopkins and their unknown heirs for…

2Cases cited2 opinions

  1. Edrington v. AllsbrooksTexas Supreme Court · 1858
  2. Byrnes v. SampsonTexas Supreme Court · 1889

3Cited by27 opinions

  1. Levy v. RoperTexas Supreme Court · 1923
  2. Chapman v. KelloggTexas Commission of Appeals · 1923
  3. Stockyards National Bank v. PresnallTexas Supreme Court · 1917
  4. Empire Gas & Fuel Co. v. AlbrightTexas Supreme Court · 1935
  5. Barton v. Montex CorporationCourt of Appeals of Texas · 1927

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API