Whitmire v. Powell
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District in an appeal from Dallas County. Powell and another sued Whitman and wife for the recovery of land, and had judgment. Defendant appealed, and on affirmance obtained writ of error.- A former suit between the parties over the same property is reported as Whitmire v. May, 29 Texas Civ. App., 244. Affirmed in Whitmire v. May, 96 Texas, 317.
1Opinion of the CourtChief Justice Gaines
This suit was brought by B. H. Powell as administrator of the estate of Jennie E. Pippin, deceased, and by her. minor son, against A. F. Whitmire and wife for the recovery of a half interest in fifteen acres of land and for partition. J. D. Pippin, the husband of Mrs. Jennie E. Pippin, being alive and his residence unlmown, was made a party defendant and served by publication and an attorney appointed to defend his interests in the suit. There was a judgment that plaintiffs recover one-half of the land with a decree of partition and that of the one-half so recovered, J. D. Pippin was entitled…
2Cases cited3 opinions
- Thompson v. JonesTexas Supreme Court · 1890
- Robinson v. McDonald's WidowTexas Supreme Court · 1854
- Whitmire v. MayTexas Supreme Court · 1903
3Cited by36 opinions
- Cline v. NibloTexas Supreme Court · 1928
- Cleveland v. MilnerTexas Commission of Appeals · 1943
- Cleveland v. MilnerTexas Supreme Court · 1943
- Southern Pac. Co. v. UlmerTexas Commission of Appeals · 1926
- Rotge v. MurphyCourt of Appeals of Texas · 1946
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