Dunham v. Chatham
Texas Supreme Court
Error from Grimes. Tried below before the Hon. P. W. Gray. The defendant in error, Eotilda Chatham, with her husband, brought suit in 1856, alleging that she was formerly the wife of John H. Dunham, who died in November, 1853, leaving a considerable amount of property in his own right, and had control also of some of the separate property of said Eotilda. That Jos. H. Dunham administered on the estate of deceased, and made out and returned an inventory of the same.
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Error from Grimes. Tried below before the Hon. P. W. Gray. The defendant in error, Eotilda Chatham, with her husband, brought suit in 1856, alleging that she was formerly the wife of John H. Dunham, who died in November, 1853, leaving a considerable amount of property in his own right, and had control also of some of the separate property of said Eotilda. That Jos. H. Dunham administered on the estate of deceased, and made out and returned an inventory of the same. That in February, 1855, she discovered that property, consisting of several negroes and land, her separate property derived by…
1Opinion of the Court
Hemphill, Ch. J.
There are two questions of importance in this cause, viz :
1st. Whether parol testimony was admissible to affect the import of the deed from James Wood so as to show that the name of John H. Dunham was inserted by mistake, and that the gift, though purporting to be joint to John H. Dunham and his wife, was intended for the separate benefit of the' wife Rotilda, who was the daughter of the donor, James Wood, and
2nd. Whether admitting the separate right of the wife Rotilda, she is not estopped by her acts from the assertion of that right.
The import of deeds of purchase to either…
2Cases cited1 opinion
- Hunt v. RhodesSupreme Court of the United States · 1828
3Cited by30 opinions
- Burleson v. BurlesonTexas Supreme Court · 1866
- Scoby v. SweattTexas Supreme Court · 1866
- Troll v. CarterWest Virginia Supreme Court · 1879
- Koppelmann v. KoppelmannTexas Supreme Court · 1900
- Cooke v. BremondTexas Supreme Court · 1864
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