McAnear v. Epperson
Texas Supreme Court
Appeal from Bed Biver. Tried below before the Hon. Joseph Bledsoe. Suit in trespass to try title, brought by appellants for the recovery of 230 acres of land, part of the headright of J. B. McAnear, the father of appellants. The defendants set up title under a deed from Alex. McAnear to defendant B. H. Epperson; and that Alex. McAnear held the land by virtue of a decree of the Bed Biver district court, rendered at its spring term, 1852, in the suit of Alex.
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Appeal from Bed Biver. Tried below before the Hon. Joseph Bledsoe. Suit in trespass to try title, brought by appellants for the recovery of 230 acres of land, part of the headright of J. B. McAnear, the father of appellants. The defendants set up title under a deed from Alex. McAnear to defendant B. H. Epperson; and that Alex. McAnear held the land by virtue of a decree of the Bed Biver district court, rendered at its spring term, 1852, in the suit of Alex. McAnear against the heirs of J. B. McAnear, deceased, Bo. 2103. The defendants in the last named cause were appellants here, together…
1Opinion of the Court
Bonner, Associate Justice.
This case has been held under advisement for several terms of the court. .
I. If it be admitted that there was no personal service on the minor defendants in suit No. 2103, in the district court of Red River county, and who are the plaintiffs in this suit, then the controlling question is this: Was the judgment rendered in that suit void for want of such service on the minor defendants, they having been represented by a guardian ad litem, so that it is subject to be collaterally impeached? There is great conflict of authority upon this question.
Much apparent conflict,…
2Cases cited12 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Seguin v. MaverickTexas Supreme Court · 1859
- Good v. NorleySupreme Court of Iowa · 1869
- Taylor v. RowlandTexas Supreme Court · 1862
- Preston v. DunnSupreme Court of Alabama · 1854
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Jones v. ParkerTexas Supreme Court · 1886
- Alston v. EmmersonTexas Supreme Court · 1892
- Bell v. BellArizona Supreme Court · 1934
- Morris v. DrescherCourt of Appeals of Texas · 1938
- Moore v. PrinceCourt of Appeals of Texas · 1893
13 more not listed; retrieve them via the Exa API.