Legal Opinion
Dathulia v. Kimbrell
Court of Appeals of Texas
Decided November 30, 1955No. 10340PublishedCited by 4 opinions
1Opinion of the Court
HUGHES, Justice.
This is a partition suit between all the heirs, or their successors in interest, of J. R. Kimbrell and wife Lucy Ann Kimbrell, deceased.
Appellant, Mary Darthulia Bingham, pleaded that an oral partition had been made by the parties on or about December 9, 1947, under which certain described real estate in Concho County had been set aside to her and she prayed that this partition be confirmed by judgment.
The only issue tried below and presented here is the existence of such parol partition agreement.
The trial below was to a jury which after considerable deliberation was unable…
2Cases cited6 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- Empire Gas & Fuel Co. v. MueggeTexas Supreme Court · 1940
- Turner v. Texas Co.Texas Supreme Court · 1942
- Ellis v. PatrickCourt of Appeals of Texas · 1936
- Bingham v. KimbrellCourt of Appeals of Texas · 1953
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Isern v. Watson, Texas Court of Appeals, 9th District (Beaumont)1997
- Brown v. American Finance Co.Court of Appeals of Texas · 1968
- Kenneth Hahn v. William Paul Gips, Lucille Fay Gips and Conoco Phillips Company, Texas Court of Appeals, 13th District2017
- Sandra Amezquita, David Flores, and Christopher Flores v. Chuck Fisher, Tom Fisher, Jayne Ulreich, Rick Fisher, Jake Fisher, Jordan Fisher, Margot Guerrero, James Evans, Maureen Leos, Michael Leos, Marty Leos, Matt Leos, Marshall Leos, Melanie Leos, Patricia Flores, Lorie Flores Sanchez, Roland Flores, and Larry Flores III, Texas Court of Appeals, 3rd District (Austin)2026