Roberts v. Connellee
Texas Supreme Court
Appeal from Eastland. Tried below before the Hon. T. B. Wheeler. This suit was brougnt July 24, 1883, to quiet title and to recover a section of land (No. 497) patented to the Southern Pacific Railroad Company, claiming the same by regular conveyances down to M. J. Hall, Sr., deceased, and by deeds from his heirs to plaintiff John C. Roberts, the appellant, of date March 30, 1883, October 12, 1881, and October 14, 1881. Defendants pleaded not guilty, and claimed title by the…
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Appeal from Eastland. Tried below before the Hon. T. B. Wheeler. This suit was brougnt July 24, 1883, to quiet title and to recover a section of land (No. 497) patented to the Southern Pacific Railroad Company, claiming the same by regular conveyances down to M. J. Hall, Sr., deceased, and by deeds from his heirs to plaintiff John C. Roberts, the appellant, of date March 30, 1883, October 12, 1881, and October 14, 1881. Defendants pleaded not guilty, and claimed title by the same conveyances down to Hall, deceased, and by sheriff’s deed through Hall, dated July 6, 1880, under execution…
1Opinion of the Court
Collard, Judge Commission op Appeals.
On the trial of this case the court allowed M. J. Hall, the acting executor to testify: “I, alone, qualified, I duly returned an inventory of the estate,” etc. The witness attached a part of the inventory to his depositions. Plaintiff objected to the testimony because not the best evidence. The objection should have been sustained. There was no other evidence adduced showing that Hall qualified as executor, or that any inventory was filed as required by law. The statute in force at the time the will of M. J; Hall, Sr., was probated and the inventory was…
2Cases cited5 opinions
- Ruffier v. WomackTexas Supreme Court · 1867
- Johnson v. BowdenTexas Supreme Court · 1875
- Criswell v. RagsdaleTexas Supreme Court · 1857
- Wahrenberger v. HoranTexas Supreme Court · 1856
- G., C. & Santa Fe R'y Co v. EvansichTexas Supreme Court · 1885
3Cited by23 opinions
- Roy v. WhitakerTexas Supreme Court · 1898
- Griggs v. BrewsterTexas Supreme Court · 1933
- Haring v. SheltonTexas Supreme Court · 1909
- Terrell v. McCownTexas Supreme Court · 1897
- Taylor v. DoomCourt of Appeals of Texas · 1906
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