Bray v. Aikin
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Suit against J. H. L. Bray and his wife, Hattie A. Bray, for the recovery of one hundred and ninety-seven acres of land in Lamar county. Plaintiff sued out a writ of sequestration; and the defendants failing to replevy the plaintiff replevied. Defendants Bray and wife answered: 1st. General demurrer. . . . 3d. General denial. 4th. Plea of “ not guilty.” 5th.
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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Suit against J. H. L. Bray and his wife, Hattie A. Bray, for the recovery of one hundred and ninety-seven acres of land in Lamar county. Plaintiff sued out a writ of sequestration; and the defendants failing to replevy the plaintiff replevied. Defendants Bray and wife answered: 1st. General demurrer. . . . 3d. General denial. 4th. Plea of “ not guilty.” 5th. Claimed the land in controversy as the homestead of themselves and family, and had so claimed it since they purchased it'and before the execution of either of the deeds of trust…
1Opinion of the Court
Delany, J. Com. App.
Our opinion is that the first assignment of error cannot be maintained. Appellant assigns as error the ruling of the court “ in refusing to permit defendants to prove by W. B. Aikin and his attorney, H. D. McDonald, that plaintiff had proven up his entire claim against J. H. L. Bray in bankruptcy, after having offered preliminary proof of the loss (by fire) of the records and papers of the register in bankruptcy, and after admitting evidence that the claim had been filed in the office of S. J. Newton, register in bankruptcy, with an affidavit attached,” etc.
Objection was…
2Cases cited3 opinions
- Hall v. BlissMassachusetts Supreme Judicial Court · 1875
- In Re MacOn Uplands VentureUnited States Bankruptcy Court, D. Maryland · 1979
- Towner v. SayreTexas Supreme Court · 1849
3Cited by7 opinions
- Johnson v. Prosper State BankCourt of Appeals of Texas · 1939
- Galveston, Harrisburg & San Antonio Railway Co. v. ArispeCourt of Appeals of Texas · 1893
- Tide Water Oil Co. v. RossCourt of Appeals of Texas · 1938
- In Re SmithDistrict Court, S.D. Texas · 1924
- Paynter v. SlatorDistrict Court, S.D. Texas · 1924
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