Legal Opinion
Heirs of Burton v. Carroll
Texas Supreme Court
Decided March 5, 1903No. 1190PublishedCited by 33 opinions
Error to the Court of Civil Appeals for the Second District, in an appeal from Denton County. Carroll and others sued Scripture and others for the recovery of land, and the heirs of Burton made themselves ‘ also defendants as lessors of Scripture et al. Plaintiffs had judgment. Defendants appealed, and on affirmance obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
The Court of Civil Appeals adopted the conclusions of fact filed by the trial court, which are as follows:
“1. That B. I. Burton, to whose heirs the land in controversy was patented by patent dated December 13, 1859, died about the year 18—, leaving a will which was duly probated in the County Court of Houston County, Texas, in the year 1844, by which he gave all his estate to two of his nephews, each of whom was named B. B. Lacy, in equal portions. That one of the said B. B. Lacys, by deed dated November 17, 1851, conveyed one-half of the certificate by virtue of…
2Cases cited2 opinions
- Branch v. BakerTexas Supreme Court · 1888
- East Texas Land & Improvement Co. v. Shelby & Bro.Court of Appeals of Texas · 1897
3Cited by33 opinions
- Eckert v. WendelTexas Supreme Court · 1931
- Cox v. ClayCourt of Appeals of Texas · 1950
- Brohlin v. McMinnTexas Supreme Court · 1960
- Marshburn v. StewartCourt of Appeals of Texas · 1927
- Eason v. DavidCourt of Appeals of Texas · 1950
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