Hanrick v. Gurley
Texas Supreme Court
3. Limitation — Findings of Fact — Practice on Appeal. Where the facts found by the trial judge did not establish the defense of limitation, and were not attacked, defendant can not avail himself of error in the rulings of law upon such defense. (Pp. 467, 468.) 4. Res Judicata — Judgment Against Trustee — When Binding Beneficiaries. Error to the Court of Civil Appeals for the Third District, in an appeal from Falls County.
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3. Limitation — Findings of Fact — Practice on Appeal. Where the facts found by the trial judge did not establish the defense of limitation, and were not attacked, defendant can not avail himself of error in the rulings of law upon such defense. (Pp. 467, 468.) 4. Res Judicata — Judgment Against Trustee — When Binding Beneficiaries. Error to the Court of Civil Appeals for the Third District, in an appeal from Falls County. Nicholas Hanriek and others sued E. J. Gurley and others in trespass to try title. The judgment of the trial court upon the rights of the various parties was in part…
1Opinion of the Court
WILLIAMS, Associate Justice.
Edward Hanrick, a citizen of Alabama, under whom all the parties to this action claim, died in the year 1865, intestate and without wife or children, leaving the following as his nearest kindred: (1) E. G. Hanrick, the son of a deceased brother; (2) Elizabeth O’Brien, a sister; (3) James Hanrick, and (4) John Hanrick, brothers. All of these were aliens, subjects of the United Kingdom of Great Britain and Ireland, except E. G. Hanrick, who ivas a citizen of Alabama. John Hanrick died in 1870, without issue and unmarried. James Hanrick died in 1875, leaving the…
2Cases cited24 opinions
- Hanrick v. PatrickSupreme Court of the United States · 1886
- Van Horne v. FondaNew York Court of Chancery · 1821
- Moore Son v. MooreTexas Supreme Court · 1895
- Eckford v. KnoxTexas Supreme Court · 1886
- Arnold v. CaubleTexas Supreme Court · 1878
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3Cited by154 opinions
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- Kirby Lumber Corp. v. Southern Lumber Co.Texas Supreme Court · 1946
- Houston Terminal Land Co. v. WestergreenTexas Supreme Court · 1930
- Sayers v. PylandTexas Supreme Court · 1942
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