Fitzgerald v. Turner
Texas Supreme Court
Appeal from Fannin. Tried below before the Hon. W. H. Andrews. Suit of trespass to try title by the heirs of Margaret Fitzgerald. In 1846 Garrett Fitzgerald, the husband of Margaret, purchased land from the patentee, W. W. Potter, and had the conveyance made to their son, James E. Fitzgerald, who, in 1847, died a minor and unmarrried. From him the father and mother inherited by moieties.
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Appeal from Fannin. Tried below before the Hon. W. H. Andrews. Suit of trespass to try title by the heirs of Margaret Fitzgerald. In 1846 Garrett Fitzgerald, the husband of Margaret, purchased land from the patentee, W. W. Potter, and had the conveyance made to their son, James E. Fitzgerald, who, in 1847, died a minor and unmarrried. From him the father and mother inherited by moieties. The father and mother took possession, and after the death of James E. Fitzgerald Garrett Fitzgerald conveyed the land to one McOarty, who took possession. The consideration paid was a negro girl. The…
1Opinion of the Court
Roberts, Chief Justice.
The appellants brought a suit to recover from defendants an undivided half interest in a tract of three hundred and twenty acres of land. They claim, as surviving heirs of Margaret Fitzgerald, who, with her husband, Garrett Fitzgerald, inherited the said tract of land from their son, James Ewing Fitzgerald. The land, while thus jointly possessed and owned by them, was sold by Garrett Fitzgerald, the husband, by his deed executed to James H. McCarty on the 21st day of September, 1847, under whom the defendants hold by a regular chain of title, by recorded deeds, and by…
2Cases cited6 opinions
- Cross v. EvertsTexas Supreme Court · 1866
- Berry v. DonleyTexas Supreme Court · 1863
- Baily v. TrammellTexas Supreme Court · 1863
- Dalton v. RustTexas Supreme Court · 1858
- Womack v. WomackTexas Supreme Court · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wooldridge v. HancockTexas Supreme Court · 1888
- Johnson v. BryanTexas Supreme Court · 1884
- Cole v. BammelTexas Supreme Court · 1884
- Steed v. PettyTexas Supreme Court · 1886
- Miller v. Texas & Pacific Railway Co.Supreme Court of the United States · 1890
17 more not listed; retrieve them via the Exa API.