Simonton v. Mayblum
Texas Supreme Court
Appeal from Fort Bend. Tried below before the Hon. W. H. Burkhart. Suit by J. C. Simonton and his wife to recover one hundred and forty acres of land, part of one thousand one hundred and seven acres, out of the Wes tall league.
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Appeal from Fort Bend. Tried below before the Hon. W. H. Burkhart. Suit by J. C. Simonton and his wife to recover one hundred and forty acres of land, part of one thousand one hundred and seven acres, out of the Wes tall league. They claimed that in 1868 defendants’ ancestor purchased from, the assignee in bankruptcy of J. C. Simonton the one thousand one hundred and seven acres, leaving only sixty acres as his homestead, and they claimed the other one hundred and forty acres as homestead; that plaintiffs were then, arid at the time of suing, husband and wife. The defense relied on was plea…
1Opinion of the Court
West, Associate Justice.—
There was no error in allowing the deed of Simonton’s assignee in bankruptcy to be read in evidence. The pleadings of appellants recognize the fact of Simonton’s bankruptcy and the existence of this deed. Also in the statement of •facts it was expressly admitted the appellees claimed the land in suit by deed under Simonton’s assignee in bankruptcy.
This instrument of evidence, too, being a deed duly recorded, was admissible in this case (its execution being proved or admitted), in support of the appellees’ plea of the statute of limitation of five years, without…
2Cases cited3 opinions
- Brooks v. ChathamTexas Supreme Court · 1882
- Whetstone v. CoffeyTexas Supreme Court · 1877
- Methery v. WalkerTexas Supreme Court · 1856
3Cited by9 opinions
- Hussey v. MoserTexas Supreme Court · 1888
- Roberts and Wife v. TroutCourt of Appeals of Texas · 1896
- Eldridge v. ParishCourt of Appeals of Texas · 1894
- Smith v. UzzellTexas Supreme Court · 1884
- Coler v. AlexanderCourt of Appeals of Texas · 1910
4 more not listed; retrieve them via the Exa API.