Daggett v. Barre
Court of Appeals of Texas
Appeal from District Court, Tarrant County; James W. Swayne, Judge. Action by John P. Daggett and others against Josephine M. Barre and others. Appeal by plaintiffs from a judgment sustaining a demurrer to the petition. The appeal is from the ruling of the court in sustaining demurrer to the petition of the plaintiffs in the suit. The suit was in trespass to try title to certain lands.
Read the full summary
Appeal from District Court, Tarrant County; James W. Swayne, Judge. Action by John P. Daggett and others against Josephine M. Barre and others. Appeal by plaintiffs from a judgment sustaining a demurrer to the petition. The appeal is from the ruling of the court in sustaining demurrer to the petition of the plaintiffs in the suit. The suit was in trespass to try title to certain lands. The appellants and appellees are brothers and sisters, and are children of C. B. Daggett, Sr., and his wife, Mary Daggett. The father died intestate in 1888, and the mother died intestate in 1906. The land…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The first special exception to the petition reads: “And the said defendant, Josephine M. Barre, demurs to that part of plaintiff’s amended petition wherein plaintiff seeks to recover against this defendant for that part of the property described in plaintiff’s petition and that interest therein to which she was and is entitled as a child and heir of her mother, Mary A. Daggett, for that it appears from the face of plaintiff’s amended petition that at the time and date of the alleged conveyance, wherein this defendant sought to convey her expectancy in her…
2Cases cited9 opinions
- City of San Antonio v. GrandjeanTexas Supreme Court · 1898
- Pitts v. ElslerTexas Supreme Court · 1894
- Hale v. HollonTexas Supreme Court · 1897
- Wadkins v. WatsonTexas Supreme Court · 1893
- Hollis v. FrancoisTexas Supreme Court · 1849
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wilson v. BeckCourt of Appeals of Texas · 1926
- Christopher v. DavisCourt of Appeals of Texas · 1926
- Martin v. MartinCourt of Appeals of Texas · 1920
- Holley v. MucherCourt of Appeals of Texas · 1942
- Gravis v. RogersCourt of Appeals of Texas · 1948
2 more not listed; retrieve them via the Exa API.