Legal Opinion

Osborn v. Osborn

Texas Supreme Court

Decided November 28, 1884No. Case No. 1796PublishedCited by 16 opinions

Appeal from Rusk. Tried below before the Hon. A. J Booty. Fannie Osborn, widow of John D. Osborn, Sr., and guardian of his and her minor child, John Osborn, Jr., brought this suit against S. H. Osborn, the father of her husband, and William and Gay Osborn, and alleged: First.

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Appeal from Rusk. Tried below before the Hon. A. J Booty. Fannie Osborn, widow of John D. Osborn, Sr., and guardian of his and her minor child, John Osborn, Jr., brought this suit against S. H. Osborn, the father of her husband, and William and Gay Osborn, and alleged: First. That S. H. Osborn’s wife, who was her husband’s mother, died in 1872 leaving a large community estate, one-half of which descended to John and his two brothers, William and Gay, and one-third of which half descended to her said husband, and at his death in 1880 descended to his son John, then her ward, and prayed for…

1Opinion of the Court

Stayton, Associate Justice.

The action of the court below on the plea to the jurisdiction filed by the defendants Hannah and Owens was not erroneous.

The action, in so far as they were concerned, was one for partition, and although the land on which they were was situated in a county other than that in which the suit was brought, yet, as a part of the estate to be partitioned was situated in Busk county, and some of the defendants resided there, the district court for that county had jurisdiction. R. S., 1198, subdivision 12; Carro v. Carro, 60 Tex., 395.

The evidence showed that S. H. Osborn,…

2Cases cited4 opinions

  1. Stuart v. BakerTexas Supreme Court · 1856
  2. Huffman v. CartwrightTexas Supreme Court · 1875
  3. Carro v. CarroTexas Supreme Court · 1883
  4. Neil v. ShackelfordTexas Supreme Court · 1876

3Cited by16 opinions

  1. Hanrick v. GurleyTexas Supreme Court · 1900
  2. Easterling v. SimmonsCourt of Appeals of Texas · 1927
  3. Linch v. BroadTexas Supreme Court · 1888
  4. Markum v. MarkumCourt of Appeals of Texas · 1925
  5. Bennett v. Virginia Ranch, Land, & Cattle Co.Court of Appeals of Texas · 1892

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