Paschal v. Acklin
Texas Supreme Court
Error and AppSal from Bexar. Tried below before the Hon. Thomas J.- Devine. This suit was instituted to the Spring Term, 1857, of the Bexar District Court, by Adalicia Acklin, joined by her husband, Joseph A. S. AcMin, against F. L. Paschal and wife, Ira L. Hewitt and' others deriving title under Paschal and wife, and also against the trustees of the Methodist church of the city of San Antonio, who also claimed under Paschal, for the recovery of. a certain lot or parcel of…
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Error and AppSal from Bexar. Tried below before the Hon. Thomas J.- Devine. This suit was instituted to the Spring Term, 1857, of the Bexar District Court, by Adalicia Acklin, joined by her husband, Joseph A. S. AcMin, against F. L. Paschal and wife, Ira L. Hewitt and' others deriving title under Paschal and wife, and also against the trustees of the Methodist church of the city of San Antonio, who also claimed under Paschal, for the recovery of. a certain lot or parcel of ground in San Antonio. In their original petition the plaintiffs claimed the Whole of the property in controversy, but by…
1Opinion of the CourtMoore, J.
The judgment in this case must necessarily be reversed. The verdict is defective in respect to a material issue, upon which the plaintiff’s right to a recovery in part depended. The plaintiff, Mrs. Acklin, claims the property in controversy as-the surviving mother and an heir of the children and heirs of her former husband, Isaac Franklin. Although this fact is put in issue by the pleadings, yet the, necessity of the jury passing upon it seems, in the hurry of business in the District Court, to have been overlooked. In remanding the case; however, it will be proper to express the conclusions…
2Cases cited7 opinions
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