Giddings v. Steele
Texas Supreme Court
Appeal from Williamson. This case was tried before Hon. Edaward H. Vontress, one of the district judges. The appellee, Steele, brought this suit on the 21st of August, 1857, to recover from Giddings, the appellant, and one Chadwick, a league and labor of land in Williamson county.
Read the full summary
Appeal from Williamson. This case was tried before Hon. Edaward H. Vontress, one of the district judges. The appellee, Steele, brought this suit on the 21st of August, 1857, to recover from Giddings, the appellant, and one Chadwick, a league and labor of land in Williamson county. In his original petition, the plaintiff alleged that he was the sole heir of William H. Steele, deceased, and as such was the legal and equitable owner of the land sued for, but had been ousted of possession by the defendants; that the defendant, Giddings, had confederated with one R. H. Flannikin to cheat and…
1Opinion of the CourtSmith, J.
—There were many exceptions taken by both parties to each other’s pleadings that we will not undertake to discuss or decide, but will proceed to the consideration of those questions upon which we. deem the rights of the respective parties materially depend,
There is a question with us, which has not been discussed sufficiently perhaps, whether the plaintiff, as the heir of the intestate, can sue for this land.before it is made to appear *748that the administration has been closed, up; if valid, it is a general rule that the heirs cannot sue in their own right as heirs, for property of the estate;…
2Cases cited22 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Thompson v. TolmieSupreme Court of the United States · 1829
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Alexander v. MaverickTexas Supreme Court · 1856
- McCravey v. RemsonSupreme Court of Alabama · 1851
17 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Gracey v. WestTexas Supreme Court · 1968
- Martin v. Robinson, 67 Tex. 368 (Tex. 1887)Texas Supreme Court · 1887
- Guilford v. LoveTexas Supreme Court · 1878
59 more not listed; retrieve them via the Exa API.