Davis v. Davis
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. C. G. Binkley. The trial below was in the district court sitting in probate, and was had at its Fall term, 1870.. The appellee was the widow of Henry Davis, to whom it appears she was married in 1867, when he was about seventy years of age, and she something less than forty.
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Appeal from Grayson. Tried below before the Hon. C. G. Binkley. The trial below was in the district court sitting in probate, and was had at its Fall term, 1870.. The appellee was the widow of Henry Davis, to whom it appears she was married in 1867, when he was about seventy years of age, and she something less than forty. He died in March, 1870, and by the instrument propounded as his will very nearly all he had was left to the widow, with a further provision that if she should die before he did, then the property devised to her should vest in “the heirs of her body,” of which class of heirs…
1Opinion of the CourtOgden, J.
Counsel for appellee claim that this cause should be dismissed for the want of an assignment of error as prescribed by law, and it is not doubted that this court would be authorized to disregard all errors not distinctly assigned as required by the statute. But it has not heretofore been held, nor do we think it would be a proper construction of the statute to hold, that the Court is prohibited from an examination of an error not assigned, On the contrary, this court has in several cases revised and corrected the judgments of the lower courts for errors which were *23patent on the record,…
2Cited by10 opinions
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- In Re State of TexasTexas Supreme Court · 2026
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