Legal Opinion

Dalton v. Rust

Texas Supreme Court

Decided July 1, 1858PublishedCited by 16 opinions

Error from Guadalupe. Tried below before the Hon. Alexander W. Terrell. Suit brought by Virginia Dalton, joined by lier husband, Robert H. Dalton, plaintiffs in error-. against Edwin Rust and Phoebe Rust, and Caroline Stuart, defendants in error, for a certain tract of land, alleged to be tlie ■ separate property of said Virginia.

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Error from Guadalupe. Tried below before the Hon. Alexander W. Terrell. Suit brought by Virginia Dalton, joined by lier husband, Robert H. Dalton, plaintiffs in error-. against Edwin Rust and Phoebe Rust, and Caroline Stuart, defendants in error, for a certain tract of land, alleged to be tlie ■ separate property of said Virginia. The bond for title, from the defendants to M. W. Lindsay, referred to in the opinion, is as follows: “The State of Texas, ^ Know all men by these presents, • “ Guadalupe County. J that we, Edwin Rust and Plioehe “ Rust his wife, and Caroline Stuart, are held and…

1Opinion of the CourtBell, J.

On the trial of this cause in the court below, special issues wore submitted to the jury, and the court rendered its judgment upon the responses of the jury to the issues submitted to them. In consequence of this course of proceeding, no instructions were given the jury; and in order to ascertain the views which the judge, who tried the cause below, entertained of the law of the case, we are obliged to look to the judgment itself, in connection with the verdict.

The plaintiffs below, who are also the plaintiffs in error, assign for error, the finding of the jury upon several of the issues…

2Cited by16 opinions

  1. Johnson v. TaylorTexas Supreme Court · 1883
  2. Fitzgerald v. TurnerTexas Supreme Court · 1875
  3. Williams v. EllingsworthCourt of Appeals of Texas · 1889
  4. Huss v. WellsCourt of Appeals of Texas · 1897
  5. Amarillo Nat. Bank. v. SanbornCourt of Appeals of Texas · 1914

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