Buffalo Bayou Ship Channel Co. v. Bruly
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Angela Bruly and her sister Augustine brought suit for partition of a lot in the city of Houston, against appellant, claiming one eighth' each of said lot as heirs of their mother. It was also alleged that the lot was community of their father and mother, and that their mother died intestate in 1849, leaving two other children still living. Defendant demurred, and pleaded a general denial.
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Appeal from Harris. Tried below before the Hon. James Masterson. Angela Bruly and her sister Augustine brought suit for partition of a lot in the city of Houston, against appellant, claiming one eighth' each of said lot as heirs of their mother. It was also alleged that the lot was community of their father and mother, and that their mother died intestate in 1849, leaving two other children still living. Defendant demurred, and pleaded a general denial. The demurrer was overruled, and verdict was returned for plaintiffs, each for one eighth of the lot; judgment was rendered accordingly;…
1Opinion of the Court
Moore, Associate Justice.
There are questions in this case of the utmost magnitude and interest, which affect, it is no exaggeration to say, the security and title of thousands of persons and estates; and, although they have in various phases been the frequent, subject of discussion of this court, it cannot be said that they have as yet fully been settled upon a firm and well-considered basis, so as to avoid the necessity of further judicial discussion, if indeed this can be satisfactorily accomplished without legislative interposition. But although these questions, or some of them at least,…
2Cited by43 opinions
- De La Vega v. LeagueTexas Supreme Court · 1885
- Needham v. CooneyCourt of Appeals of Texas · 1915
- Barmore v. DarraghCourt of Appeals of Texas · 1921
- Holloway v. McIlhenny Co.Texas Supreme Court · 1890
- Glasscock v. HughesTexas Supreme Court · 1881
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