Legal Opinion

Miller v. Himebaugh

Court of Appeals of Texas

Decided January 4, 1913Published

Appeal from District Court, Dallam County; D. B. Hill, Judge. Action by Mrs. Ellen Himebaugh against C. E. Miller and others. From a judgment for plaintiff, defendants appeal.

1Opinion of the CourtHuff, C. J.

This suit was instituted by the appellee, Mrs. Ellen Himebaugh, on March 10, 1911, against H. J. C. Reed, E. W. H. Miller, C. F, Miller, David Fauseh, and Frank A. Baxter to establish and fix a trust on certain property in Dallam county. The petition is as follows:

“(1) Plaintiff says that she resides in Ringold county, Iowa, and has resided in said County for the last 40 years, save and except a short time during December of 1908, and up until about April 30, 1909, that she resided in Dallam county, Tex., and that on or about June 1, 1908, she was the owner of the following described one…

2Cases cited14 opinions

  1. Martin v. Robinson, 67 Tex. 368 (Tex. 1887)Texas Supreme Court · 1887
  2. Silliman v. GammageTexas Supreme Court · 1881
  3. Kennedy v. BakerTexas Supreme Court · 1883
  4. McDonald v. MillerTexas Supreme Court · 1897
  5. Schneider v. SellersTexas Supreme Court · 1905

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