Mitchell v. Ireland
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Everett Lewisl Suit by Elizabeth Mitchell et al. against John Ireland and others, appellees.
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Appeal from Gonzales. Tried below before the Hon. Everett Lewisl Suit by Elizabeth Mitchell et al. against John Ireland and others, appellees. In the original petition plaintiffs alleged that they were the only heirs at law of Eli Mitchell, who died in April, 1870, intestate, and as such were entitled to his estate; that Sarah DeWitt died on the 27th of November, 1854, and that by her will she devised to O. E. DeWitt one-sixth interest in her estate, which consisted in part of a tract of land situated in Guadalupe county, above the town of Seguin, and off of the Sarah DeWitt survey. That O.…
1Opinion of the Court
Bonner, Associate Justice.
There is no appearance for appellees, John Ireland et al., and appellants present in argument but two grounds for the reversal of the judgment below—that the description of the land in the levy and sheriff’s deed is too vague and uncertain; and that the sale, having been made after return day of the execution, is a nullity.
1. The record does not disclose that Clinton E. DeWitt had any other interest in the land than that of his distributive share in the proceeds after it was sold; or that a sale of his interest in the land would convey more than an equitable title to…
2Cases cited3 opinions
- Norris v. HuntTexas Supreme Court · 1879
- Young v. SmithTexas Supreme Court · 1859
- Hester v. DupreyTexas Supreme Court · 1877
3Cited by18 opinions
- Rosen v. PhelpsCourt of Appeals of Texas · 1913
- Lemothe v. Cimbalista by GatesCourt of Appeals of Texas · 1951
- Harrison v. WhiteleyTexas Commission of Appeals · 1928
- Reynolds v. Farmers & Merchants Nat. Bank of NoconaCourt of Appeals of Texas · 1939
- Robinson v. Monning Dry Goods Co.Court of Appeals of Texas · 1919
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