Byrnes v. Sampson
Texas Supreme Court
Error from Karnes. Tried below before Hon. H. Clay Pleasants. This suit was begun in the District Court of Karnes County on July 8, 1876, by G. W. Sampson as surviving partner of the firm of Sampson & Hendricks against Robert Oreuzbaur and the unknown heirs of Isaac Tick-nor, deceased, alleging title in said firm to 694 acres, an undivided interest in a survey of 3129 acres of land in Karnes County granted to the heirs of Isaac Ticknor; that said Oreuzbaur owned 847f- acres,…
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Error from Karnes. Tried below before Hon. H. Clay Pleasants. This suit was begun in the District Court of Karnes County on July 8, 1876, by G. W. Sampson as surviving partner of the firm of Sampson & Hendricks against Robert Oreuzbaur and the unknown heirs of Isaac Tick-nor, deceased, alleging title in said firm to 694 acres, an undivided interest in a survey of 3129 acres of land in Karnes County granted to the heirs of Isaac Ticknor; that said Oreuzbaur owned 847f- acres, and the unknown heirs of Isaac Ticknor the remainder; that Oreuzbaur resided in the State of New York, and that the…
1Opinion of the Court
Hobby, Judge.
The grounds upon which the plaintiffs in error rely for a reversal are that there was no law in force in this State at the time of the institution of this suit or the rendition of the judgment authorizing service by publication upon unknown heirs; that if such mode of service was contemplated or provided for by statute at that time it was not properly complied with in this case; that the facts embodied in the judgment fail to show any claim against the plaintiffs in error, the heirs of Isaac Ticknor, deceased; that the record affirmatively shows that no attorney was appointed to…
2Cases cited3 opinions
- Hill v. FaisonTexas Supreme Court · 1864
- Hewitt v. ThomasTexas Supreme Court · 1876
- Love v. HendersonTexas Supreme Court · 1874
3Cited by20 opinions
- Underwriters v. Kirby Lumber Co.Texas Commission of Appeals · 1924
- Dunn v. TaylorCourt of Appeals of Texas · 1906
- Hopkins v. CainTexas Supreme Court · 1913
- McLane v. Kirby & SmithCourt of Appeals of Texas · 1909
- Maury v. TurnerTexas Commission of Appeals · 1922
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