Brundige v. Rutherford
Texas Supreme Court
Appeal from Bastrop. Tried below before the Hon. J. P. Richardson. This suit was brought March 3, 1874, in the district court of Bastrop county, by B. A. Brundige and his wife, L. A. Brundige, John H. Cartwright, Charlés W. Cartwright, William Cartwright, David Cartwright, Ellen Cartwright, and John and Isabell Smithwick, minors without guardian, by their next friend, B. A. Brundige, alleging that they were the children and heirs at law of C. W. Cartwright, deceased, late of…
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Appeal from Bastrop. Tried below before the Hon. J. P. Richardson. This suit was brought March 3, 1874, in the district court of Bastrop county, by B. A. Brundige and his wife, L. A. Brundige, John H. Cartwright, Charlés W. Cartwright, William Cartwright, David Cartwright, Ellen Cartwright, and John and Isabell Smithwick, minors without guardian, by their next friend, B. A. Brundige, alleging that they were the children and heirs at law of C. W. Cartwright, deceased, late of said Bastrop county; that said C. W. Cartwright, their ancestor, was a devisee under the will of Edward Daniels, of a…
1Opinion of the Court
Walker, P. J. Com. App.
This proceeding seems to have been intended by the plaintiffs to serve the single purpose of establishing ■ as valid and genuine the will of Edward Daniels, in order that it should thereby, when thus established, constitute their initial link of title, and an essential muniment thereof, to the land referred to in the petition. There does not appear in the plaintiffs’ petition any allegation of fact, or prayer for relief, indicating that the plaintiffs sought to either procure an administration on the estate of said Edward Daniels, or to recover possession in this suit…
2Cases cited1 opinion
- Paschal v. AcklinTexas Supreme Court · 1863
3Cited by6 opinions
- Ochoa v. MillerTexas Supreme Court · 1883
- Belgarde v. CarterCourt of Appeals of Texas · 1912
- Houston Sash & Door Company, Inc. v. DavidsonCourt of Appeals of Texas · 1974
- Daniel v. FinleyCourt of Appeals of Texas · 1917
- Belgarde v. CarterCourt of Appeals of Texas · 1912
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