Harn v. Phelps
Texas Supreme Court
Error from Harris. Tried below before the Hon. James Masterson. In 1882, M. A. Harn, joined by her husband W. T. D. Harn, who are plaintiffs in error herein, instituted suit in the district court of Harris county, against W. F. Duer, P. O. Duer, G-. ÍT. Phelps and his wifeC. D. Phelps, for a one-seventh interest in the estate of MaryS. Duer and C. F. Duer, and for partition.
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Error from Harris. Tried below before the Hon. James Masterson. In 1882, M. A. Harn, joined by her husband W. T. D. Harn, who are plaintiffs in error herein, instituted suit in the district court of Harris county, against W. F. Duer, P. O. Duer, G-. ÍT. Phelps and his wifeC. D. Phelps, for a one-seventh interest in the estate of MaryS. Duer and C. F. Duer, and for partition. The cause was tried May 2, 1884, and a judgment rendered, awarding to M. A. Harn a one-séventh interest in these estates, and to Gr. ÍT. and C. D. Phelps the remaining six-sevenths, and ordering partition of the lands…
1Opinion of the Court
Stayton, Associate Justice.
This action was brought on November 17, 1885, to set aside a j udgment rendered on May 12, 1884, in a suit in which the plaintiffs in this case were plaintiffs. The former suit was brought to recover one-seventh part of many small tracts of land, and to have partition thereof; and it resulted in a partition of all the land, through which what was reported by commissioners duly appointed by the court to be one-seventh in value of the whole, was set apart to Mrs. Harn by final judgment rendered on *597May 12, 1884. She now seeks to set that judgment aside on severa…
2Cases cited4 opinions
- Johnson v. TempletonTexas Supreme Court · 1883
- Overton v. BlumTexas Supreme Court · 1878
- Goss v. McClarenTexas Supreme Court · 1856
- Vardeman v. EdwardsTexas Supreme Court · 1858
3Cited by58 opinions
- Wagley v. WagleyCourt of Appeals of Texas · 1921
- Weaver v. VandervanterTexas Supreme Court · 1892
- Shook v. ShookCourt of Appeals of Texas · 1912
- St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
- Kimmell v. EdwardsCourt of Appeals of Texas · 1917
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