Carter v. Conner
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. E. B. Turner. Action of trespass to try title, brought by John H. Conner and his children, as the heirs of their deceased mother, Salina A. Conner, for the recovery of about twenty-two lots in the city of Austin, against Ella R. Carter and her guardian, Elvira Rust. The defendants demurred, pleaded the general issue, and also set up special matters of defense.
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Appeal from Travis. Tried below before the Hon. E. B. Turner. Action of trespass to try title, brought by John H. Conner and his children, as the heirs of their deceased mother, Salina A. Conner, for the recovery of about twenty-two lots in the city of Austin, against Ella R. Carter and her guardian, Elvira Rust. The defendants demurred, pleaded the general issue, and also set up special matters of defense. During the progress of the cause Elvira Rust intervened in her own right, setting up title in herself to the entire property under certain execution sales, and prayed for judgment in her…
1Opinion of the Court
Willie, Chief Justice.
The important question in this case arises upon the refusal of the court'below to give the special instruction asked by the counsel of appellants. That instruction was as follows: If you believe, from the evidence, that the Loeb judgment was rendered on a community debt of Conner and his deceased wife, Salina, that is, a debt contracted by Conner before her death, then the levy, sale and sheriff’s deed made under said judgment divested the plaintiffs of all interest in the property described in the petition.”
The suit in which the Loeb judgment was obtained was not…
2Cases cited13 opinions
- Higgins v. Emily Johnson's HeirsTexas Supreme Court · 1857
- Stramler v. CoeTexas Supreme Court · 1855
- Claiborne v. TannerTexas Supreme Court · 1856
- Brewer v. WallTexas Supreme Court · 1859
- Dawson v. HoltTexas Supreme Court · 1875
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3Cited by42 opinions
- Stone v. JacksonTexas Supreme Court · 1919
- Leatherwood v. ArnoldTexas Supreme Court · 1886
- Johnston v. S.F. Savings UnionCalifornia Supreme Court · 1888
- Roberson v. HughesTexas Commission of Appeals · 1921
- Jones v. HarrisCourt of Appeals of Texas · 1911
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