Gunter v. Fox
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. This suit involved three hundred and twenty acres of land located in Grayson county by virtue of the headright certificate of James E. Glasscock. Ben. Smithers administered on Glasscock’s estate in Busk county, and while administrator brought a suit in the District Court of Busk county against S. P. Hollingsworth and James B. Armstrong for the land in controversy.
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Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. This suit involved three hundred and twenty acres of land located in Grayson county by virtue of the headright certificate of James E. Glasscock. Ben. Smithers administered on Glasscock’s estate in Busk county, and while administrator brought a suit in the District Court of Busk county against S. P. Hollingsworth and James B. Armstrong for the land in controversy. The case was submitted to the court without a jury, upon the pleadings and the following agreement, to wit: “ The plaintiff agrees that the unconditional headright…
1Opinion of the Court
Bonner, Associate Justice.
The parties have made an agreement, under rule 59, as to the points in issue, which are purely questions of law.
There is but one ground of error assigned, to wit: “The court erred in giving judgment upon the facts for the defendant.”
The agreement made presents two issues of law, viz.:
1. Did Smithers, as administrator of Glasscock, have authority to sue for the land, and does the judgment against him bind the heirs of Glasscock ?
2. Could Smithers, as administrator, admit the right of defendants Hollingsworth and Armstrong, and is the judgment rendered upon the…
2Cases cited5 opinions
- Guilford v. LoveTexas Supreme Court · 1878
- Graham v. ViningTexas Supreme Court · 1847
- Patton v. GregoryTexas Supreme Court · 1858
- Barrett v. BarrettTexas Supreme Court · 1868
- Moore v. MorseTexas Supreme Court · 1847
3Cited by15 opinions
- Williams v. TookeCourt of Appeals of Texas · 1938
- Hollis v. DashiellTexas Supreme Court · 1879
- Miller v. FosterTexas Supreme Court · 1890
- McClesky v. State Ex Rel. CottrellCourt of Appeals of Texas · 1893
- Flack v. BremenCourt of Appeals of Texas · 1907
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