Scoby v. Sweatt
Texas Supreme Court
Appeal from Ellis. The case was tried before Hon. Hat. M. Bureoed, one of the district judges. On the 4th day of January, 1854, there lived in Ellis county, Texas, a man by the name of Edward Sweatt, with his good wife, Haney Sweatt. He was blessed with living children, Cynisca Sweatt, L. A. Sweatt, R. V. B. Sweatt, G. B. Sweatt, Elizabeth Sweatt Ligón, Mary P. Sweatt Davis, W. C. Sweatt, and Alexander Sweatt.
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Appeal from Ellis. The case was tried before Hon. Hat. M. Bureoed, one of the district judges. On the 4th day of January, 1854, there lived in Ellis county, Texas, a man by the name of Edward Sweatt, with his good wife, Haney Sweatt. He was blessed with living children, Cynisca Sweatt, L. A. Sweatt, R. V. B. Sweatt, G. B. Sweatt, Elizabeth Sweatt Ligón, Mary P. Sweatt Davis, W. C. Sweatt, and Alexander Sweatt. He had buried a son, Edward C. Sweatt, and his widow, Sarah A. Sweatt, and four young Sweatts. He had also buried a daughter, Sarah Sweatt Scoby, who was the mother of James E. Scoby,…
1Opinion of the CourtMoore, C. J.
—This suit was brought by the appellant against the legatees in the will of Edward Sweatt, deceased, appellant’s grandfather, to recover from them the portion of the estate of said Edward Sweatt which he claimed as a forced heir.
If appellant were entitled, in any aspect of the case, to a judgment against the appellees, it cannot be said that the evidence offered by him, and referred to in the first bill of exceptions as exhibits A and B of his amended petition, could be properly excluded upon the ground of irrelevancy. To sustain his action, it was incumbent upon appellant to show that…
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