Legal Opinion

Love v. Keowne

Texas Supreme Court

Decided December 15, 1882No. Case No. 1277PublishedCited by 47 opinions

Appeal from Harrison. Tried below before the Hon. A. J. Booty. ' Suit by Love et al., alleging that M. J. Love, H. O. Fitzpatrick, Thalia Dubois, F. W. Fitzpatrick, Mahone Fitzpatrick, Cornelia Horton, Nannie Dozier, Thomas Slaughter, William Slaughter, Thalia Slaughter, George Slaughter, represented by W. H. Poland, assignee, and Carrie Reese, who were plaintiffs, and T. A. Keowne, one of the defendants, were the only heirs at law of Rene Fitzpatrick, deceased; that said…

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Appeal from Harrison. Tried below before the Hon. A. J. Booty. ' Suit by Love et al., alleging that M. J. Love, H. O. Fitzpatrick, Thalia Dubois, F. W. Fitzpatrick, Mahone Fitzpatrick, Cornelia Horton, Nannie Dozier, Thomas Slaughter, William Slaughter, Thalia Slaughter, George Slaughter, represented by W. H. Poland, assignee, and Carrie Reese, who were plaintiffs, and T. A. Keowne, one of the defendants, were the only heirs at law of Rene Fitzpatrick, deceased; that said Rene died in December, 1866, at his residence in said county; that A. Pope and T. A. Jones (now Keowne) were, in July,…

1Opinion of the Court

Bonner, Associate Justice.

The third error assigned in this case is, “ that the court erred in dismissing said suit and rendering judgment that the plaintiffs take nothing by their said suit, and that the defendant go hence without day,” etc.

There can be but little doubt but that this assigned error is well taken as to the defendant T. A. Keowne. The petition set forth a good cause of action against her, and to that extent, at least, it should have been entertained. For this érror the judgment must be reversed.

The first and second assigned errors will be considered together, and are as follows:

2Cases cited10 opinions

  1. Gould v. HayesSupreme Court of Alabama · 1851
  2. Clegg v. VarnellTexas Supreme Court · 1857
  3. Rogers v. RewardTexas Supreme Court · 1880
  4. Francis v. NorthcoteTexas Supreme Court · 1851
  5. Smith v. SmithTexas Supreme Court · 1853

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

3Cited by47 opinions

  1. Stewart v. MillerCourt of Appeals of Texas · 1925
  2. Western Union Telegraph Co. v. O'KeefeTexas Supreme Court · 1894
  3. American Automobile Ins. Co. v. StruweCourt of Appeals of Texas · 1920
  4. Mathonican v. Scott & BaldwinTexas Supreme Court · 1894
  5. Cargill & Dennis v. Kountze Bros.Texas Supreme Court · 1894

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

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