Legal Opinion

Battle v. John

Texas Supreme Court

Decided July 1, 1878PublishedCited by 7 opinions

Appeal from Wharton. Tried below before the Hon. Wm. H. Burkhart. The case is fully stated in the opinion, in connection with the brief of the appellant, made under the new rules.

1Opinion of the Court

Moore, Associate Justice.

This suit was brought by the appellant, Mrs. Martha S. Battle, against her husband, O. L. Battle, (who refused joining her in the action,) and the other appellees, N. N. John and H. H. Sears, to try title, and have partitioned and set apart to her in severalty, as her separate estate, two-sevenths of a tract of 2,500 acres of land, the whole of which said John and Sears claim to own, by purchase from the assignee of O. L. Battle, a bankrupt.

Appellant alleges, in her original and amended petitions, that the tract of land in question, when purchased by her said husband,…

2Cases cited3 opinions

  1. Gates v. SalmonCalifornia Supreme Court · 1868
  2. Willis v. MatthewsTexas Supreme Court · 1877
  3. Sutter v. San FranciscoCalifornia Supreme Court · 1868

3Cited by7 opinions

  1. King v. GillelandTexas Supreme Court · 1883
  2. New York and Texas Land Co. v. HylandCourt of Appeals of Texas · 1894
  3. Gilbreath v. DouglasCourt of Appeals of Texas · 1965
  4. John v. BattleTexas Supreme Court · 1883
  5. Koon v. KoonSupreme Court of Florida · 1908

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