Legal Opinion

Simkins Simkins v. Searcy, Guardian

Court of Appeals of Texas

Decided April 3, 1895No. 734PublishedCited by 9 opinions

8. Findings of Fact, Correctness of Relied Upon, When.—The appellate court has the right to rely upon a finding of fact which is made by the lower court, acquiesced in by both parties, and stated as such in their briefs.

1Opinion of the Court

LIGHTFOOT, Chief Justice.

This suit was brought November 18, 1887, to recover of S. L. Hunter 125 acres of land in Navarro County. Appellants, Simkins & Simkins, intervened, as warrantors of 100 acres of the land, to protect the title of the land sold by them. By an amended petition, filed December 19, 1888, plaintiffs set up the following:

“That they claim said land by inheritance from Annie E. Blanks, formerly Annie E. Hollingsworth, who is now deceased, and who was the wife of plaintiff J. G.. Blanks, and the sister of the plaintiffs Over-ton and Shelby Searcy, wards of O. O. Searcy, and…

2Cases cited20 opinions

  1. Kline v. BeebeSupreme Court of Connecticut · 1827
  2. Askey v. WilliamsTexas Supreme Court · 1889
  3. Kilgore v. JordanTexas Supreme Court · 1856
  4. Tunison v. ChamblinIllinois Supreme Court · 1878
  5. Illinois Land & Loan Co. v. BonnerIllinois Supreme Court · 1874

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

3Cited by9 opinions

  1. Bearden v. Texas Co.Court of Appeals of Texas · 1931
  2. Savage v. CowenTexas Commission of Appeals · 1930
  3. Miller v. McAdenCourt of Appeals of Texas · 1923
  4. Clemmer v. PriceCourt of Appeals of Texas · 1910
  5. Weaver v. GarriettyCourt of Appeals of Texas · 1935

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

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