Legal Opinion

Lawler's Heirs v. White

Texas Supreme Court

Decided July 1, 1863PublishedCited by 20 opinions

Error from Gonzales. Tried below before the Hon. Fielding Jones. The heirs of Joseph P. Lawler, deceased, instituted this suit against T. J White and others, for the recovery of a quarter of a a league of land, the head-right of the said Lawler, deceased.

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Error from Gonzales. Tried below before the Hon. Fielding Jones. The heirs of Joseph P. Lawler, deceased, instituted this suit against T. J White and others, for the recovery of a quarter of a a league of land, the head-right of the said Lawler, deceased. After setting forth their right of inheritance from Lawler, the plaintiffs alleged in their petition, that there appeared upon the docket of the District Court of Gonzales county, Eepublic of Texas, at its Fall Term, 1841, a suit entitled “ J. D. Clements, Administrator of Thomas E. Miller, v. Joseph P. Lawler,” being a bill for discovery,…

1Opinion of the CourtBell, J.

We are of opinion that there is no error in the judgment of the court below, and that the same ought to be affirmed,. The only question which we deem it necessary to notice arises upon the bill of exceptions to the exclusion of the testimony of the witness Gray, offered by the plaintiffs below. The record of the District Court of Gonzales county, in the case of J. D. Clements, administrator of the estate of Thomas B. Miller, v. Joseph P. Lawler, recites that notice of the suit had been served upon Lawler by publication, in compliance with a former order of court. The testimony of the witness…

2Cited by20 opinions

  1. Martin v. Robinson, 67 Tex. 368 (Tex. 1887)Texas Supreme Court · 1887
  2. Quarl v. AbbettIndiana Supreme Court · 1885
  3. Fitch v. BoyerTexas Supreme Court · 1879
  4. Head v. DanielsSupreme Court of Kansas · 1887
  5. Black v. EppersonTexas Supreme Court · 1874

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