Peevy v. Hurt
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. Samuel L. Earle. This suit was originally instituted in the county of Van Zandt, in 1857, but in 1863 the venue was changed to Smith county. The land in controversy was the headright league and labor of Thomas J. Shaw. The action was trespass to try title, brought by Sophia T. J. Peevy, and her husband, W. D. Peevy, against Catherine Gilleland and William M. Hurt.
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Appeal from Smith. Tried below before the Hon. Samuel L. Earle. This suit was originally instituted in the county of Van Zandt, in 1857, but in 1863 the venue was changed to Smith county. The land in controversy was the headright league and labor of Thomas J. Shaw. The action was trespass to try title, brought by Sophia T. J. Peevy, and her husband, W. D. Peevy, against Catherine Gilleland and William M. Hurt. The plaintiffs claimed title in Sophia T. J. Peevy as the heir of Thomas J. Shaw, the grantee of the certificate. Tire defendant, Catherine Gilleland, disclaimed, and Hurt, by answer…
1Opinion of the CourtLindsay, J.
Notwithstanding the voluminousness of this record, and the very protracted and multifarious pleading and evidence in the case, it is at last a simple contest between a creditor and the heir-at-law of a debtor intestate. •
At the death of the ancestor of the heir, he was indebted to the creditor in a sum which was afterwards reduced to a judgment by suit against the administrators. At the time of the judgment the administrators held in their possession personal property of the intestate, consisting mainly of dioses in action, amounting to about six hundred dollars, and a certificate for a…
2Cited by3 opinions
- East v. DuganTexas Supreme Court · 1891
- Miller v. Texas & Pacific Railway Co.Supreme Court of the United States · 1890
- Wilson v. WrightTexas Supreme Court · 1882