Peterson v. Kilgore
Texas Supreme Court
Error from Hunt. Tried below before the Hon. W. H. Andrews, special judge. The case was submitted to the court on an agreed statement of the facts, which agreed statement is sufficiently set out in the opinion.
Read the full summary
Error from Hunt. Tried below before the Hon. W. H. Andrews, special judge. The case was submitted to the court on an agreed statement of the facts, which agreed statement is sufficiently set out in the opinion. The record contains the conclusions of the presiding judge as follows: “ I conclude from the agreed statement in this case that the deed from J. G. Stevens to H. C. Earhart conveyed no title under the power of attorney from Esther Gooding, it not appearing that at the date of said power Mrs. Gooding owned the McDonald certificate, or even that it was in the state of Texas, not being…
1Opinion of the Court
Bonner, Associate Justice.
This is an action of trespass to try title to one hundred and sixty acres of land, brought by plaintiffPetersoh against defendants Kilgore et al. The cause was submitted on an agreed statement of- facts, substantially as follows:
One Esther Gooding died in 1861, leaving surviving her as her heirs at law, five children, one of whom was L. S. Gooding. There was no administration on her estate. After her death, sometime in 1862, a patent issued to her as assignee of Margaret McDonald fos four hundred and thirty-seven and one-half acres of land, including that in…
2Cited by2 opinions
- Heintz v. O'DonnellCourt of Appeals of Texas · 1897
- Williams v. HaverlahCourt of Appeals of Texas · 1933