Legal Opinion

Ochoa v. Miller

Texas Supreme Court

Decided May 22, 1883No. Case No. 4702PublishedCited by 37 opinions

Appeal from. El Paso. Tried below before John. Bailey, Esq., special judge. Suit brought by J. P. Miller, guardian, etc., in trespass to try title to an undivided half of an urban homestead in the town of San Elezario, in El Paso county.

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Appeal from. El Paso. Tried below before John. Bailey, Esq., special judge. Suit brought by J. P. Miller, guardian, etc., in trespass to try title to an undivided half of an urban homestead in the town of San Elezario, in El Paso county. The suit was for the minor heirs of Theodore J. Miller, deceased, and the petition was filed August 12,1879. The defendant claimed under a will, alleged to have been made by Theodore J. Miller, bearing date in 1871, by which he bequeathed to his widow, Calistra Iturbido Miller, the homestead, and to each of the minor plaintiffs $1 on their arriving at the age…

1Opinion of the Court

West, Associate Justice. —

In view of the very careful provisions of our statutes as to the execution (R. S., arts. 4857-4876), manner (R. S., arts. 1831-1835 and 1847-1856 et seg.) and time (R. S., art. j 828) in which wills shall be probated, deposited and recorded, we are of the opinion that a will cannot be used in evidence in this state as constituting a title, or a link in the chain of title, to property, without it has been probated in the manner and form required by our law. Paschal v. Acklin, 27 Tex., 173; Tynan v. Paschal, 27 Tex., 286; Brundige v. Rutherford, 57 Tex., 26.

This seems…

2Cases cited5 opinions

  1. Paschal v. AcklinTexas Supreme Court · 1863
  2. Tynan v. PaschalTexas Supreme Court · 1863
  3. Acklin v. PaschalTexas Supreme Court · 1877
  4. Watson v. HopkinsTexas Supreme Court · 1864
  5. Brundige v. RutherfordTexas Supreme Court · 1882

3Cited by37 opinions

  1. White v. WhiteTexas Supreme Court · 1944
  2. Stone v. SledgeTexas Supreme Court · 1894
  3. St. Mary's Orphan Asylum v. MastersonCourt of Appeals of Texas · 1909
  4. Elwell & Heist v. The Universalist General ConventionTexas Supreme Court · 1890
  5. Ryan v. Texas & Pacific RailroadTexas Supreme Court · 1885

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