Little v. Birdwell
Texas Supreme Court
Appeal from Rusk. Tried below before Hon. C. A. Frazer. Suit by appellees, who are the children and heirs-at-law of Richard J. Ball, to recover from .the appellants, who are his administrators, certain property of which they were in possession, and to which they set up title in themselves, and for hire, &c. The appellants filed a general demurrer and special exceptions going to°the jurisdiction of the Court, which were overruled.
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Appeal from Rusk. Tried below before Hon. C. A. Frazer. Suit by appellees, who are the children and heirs-at-law of Richard J. Ball, to recover from .the appellants, who are his administrators, certain property of which they were in possession, and to which they set up title in themselves, and for hire, &c. The appellants filed a general demurrer and special exceptions going to°the jurisdiction of the Court, which were overruled. They answered, alleging that the slaves sued for were the separate property of Elizabeth A. Little, one of the appellants. On the trial, the appellees introduced the…
1Opinion of the CourtWheeler, J.
The grounds relied on for a reversal of the judgment are, 1st. That the District Court had not jurisdiction of that case. 2nd. That the Court erred in the charge to the jury, and in refusing instructions asked by the defendants. 3rd. That a new trial ought to have been granted upon the affidavit of certain of the jurors.
The jurisdiction of the Court is clearly maintainable on the authority of Howze v. Howze, (14 Tex. R. 232,) and the cases there cited. The defendants contested the plaintiff’s title, and set up title in the wife; first, to the property absolutely, as the separate property of…
2Cases cited1 opinion
- Estate of HindsSupreme Court of Pennsylvania · 1840
3Cited by40 opinions
- Griggs v. BrewsterTexas Supreme Court · 1933
- Koppelmann v. KoppelmannTexas Supreme Court · 1900
- Caylat v. Houston E. & W. T. Ry. Co.Texas Commission of Appeals · 1923
- Caylat v. Houston East & West Texas Railway Co.Texas Supreme Court · 1923
- Moore v. WootenTexas Commission of Appeals · 1926
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