Cooper v. Mayfield
Texas Supreme Court
Error to the Court of Civil Appeals for the First District, in an appeal from Harris County. B. P. Cooper and wife and J. C. League sued Charles H. Mayfield. Defendant had judgment. B. P. Cooper and League, the surviving plaintiffs, prosecuted error to the appellate court, and on affirmance they obtained writ of error from the Supreme Court.
1Opinion of the Court
BROWN, Associate Justice.
In the view we take of this case, the following statement of the facts will he sufficient to an understanding of the point upon which this decision rests.
On the 5th day of July, 1890, Stewart Newell brought a suit in the United States Circuit Court at Galveston, Texas, against Eliza Cooper, B. P. Cooper, and Fannie Westrope to recover of them 177 acres of land in Harris County, Texas, of which the land in controvers)r is an undivided one-half. During the pendency of the suit in the Federal court, Stewart Newell died testate, and on the 5th day of March, 1895, his…
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