Legal Opinion

Gaston & Thomas v. Dashiell

Texas Supreme Court

Decided December 20, 1881No. Case No. 959PublishedCited by 18 opinions

Appeal from Kaufman. Tried below before the Hon. Green J. Clark. Gaston & Thomas brought trespass to try title to the land in controversy against W. B. Dashiell, who pleaded “not guilty.” Hester Morrow became the guardian ad litem of Alfred H. and Ann R Dashiell, minors, and as such intervened in the suit.

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Appeal from Kaufman. Tried below before the Hon. Green J. Clark. Gaston & Thomas brought trespass to try title to the land in controversy against W. B. Dashiell, who pleaded “not guilty.” Hester Morrow became the guardian ad litem of Alfred H. and Ann R Dashiell, minors, and as such intervened in the suit. In the petition of intervention it was claimed that the mother of the minors had been the owner of the property in controversy; that by her last will she had devised it to them; that by the will their mother had made their father, W. B. Dashiell, the defendant, executor, with power at his…

1Opinion of the Court

Gould, Chief Justice.

Gaston & Thomas brought their action of trespass to try title against W. B. Dashiell, deraigning their title through a sale, made by virtue of a mortgage with power of sale, executed to them by Dashiell April 17, 1876, to secure the sum of $3,500, that day borrowed by him of Gaston & Thomas.

The land sued for had been the separate property of Mrs. 0. A. Dashiell, who, by her will duly probated and recorded in Kaufman county in 1867, devised all her estate to her children, making her husband W. B. Dashiell executor, with full power to manage, sell and dispose of the estate…

2Cases cited7 opinions

  1. Cordova v. HoodSupreme Court of the United States · 1873
  2. Peters v. ClementsTexas Supreme Court · 1876
  3. Willis v. GayTexas Supreme Court · 1878
  4. Robertson v. GuerinTexas Supreme Court · 1878
  5. Galveston, H. & S. A. R. R. Co. v. DelahuntyTexas Supreme Court · 1880

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Schiller v. ElickTexas Supreme Court · 1951
  2. Bowles v. BriceTexas Supreme Court · 1886
  3. Heidenheimer Bros. v. StewartTexas Supreme Court · 1886
  4. Sanger Brothers v. Ider N. BrooksTexas Supreme Court · 1907
  5. Cook v. CaswellTexas Supreme Court · 1891

13 more not listed; retrieve them via the Exa API.

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