Newton v. Emerson, Talcott & Co.
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Geo. N. Aldridge This was an action of trespass to try title, brought by appellants to recover an undivided interest in certain real estate situated in the city of Dallas. All parties claimed through Charles G. Newton. The first wife of Charles G. Newton died in 1852, leaving four children, Chas.
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Appeal from Dallas. Tried below before the Hon. Geo. N. Aldridge This was an action of trespass to try title, brought by appellants to recover an undivided interest in certain real estate situated in the city of Dallas. All parties claimed through Charles G. Newton. The first wife of Charles G. Newton died in 1852, leaving four children, Chas. S. Newton, W. F. Newton, Mary A. Newton, afterwards the wife of J. C. Beeker, and Jennie E. Newton, who became the wife of G. A. Bullock, and died leaving him two children, Leonora and Lester Bullock. In 1853, Charles G. Newton married Adeline L.…
1Opinion of the Court
Stayton, Associate Justice.
The petition sets np the facts under which all parties to the action claim title to the property in controversy, and the only question which arises is as to the sufficiency of those facts to show title in the plaintiffs, ór such of the defendants as claim title only through inheritance from Charles G. ETewton.
If the instrument acknowledged by him on June 19, 1871, and bearing date the twelfth of that month, operated a transfer of his interest in the property, then no one claiming by inheritance through him can have title. If that instrument had been subscribed by…
2Cases cited9 opinions
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- Somers v. PumphreyIndiana Supreme Court · 1865
- Jackson v. ClevelandMichigan Supreme Court · 1866
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- Penniman v. HartshornMassachusetts Supreme Judicial Court · 1816
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