Legal Opinion

Stewart v. Marshburn

Court of Appeals of Texas

Decided February 16, 1922No. 748Published

Appeal from. District Court, Tyler County; D. F. Singleton, Judge. Action of trespass to try title, between Sidney Stewart and others against L. H. Marshburn and others. From judgment for the latter, the former appeals.

1Opinion of the CourtWalker, J.

This was an action of tres-

pass to try title,, involving the George T. W. Collins league in Tyler county. As to that portion involved in this appeal, ail parties claim under Cyrus S. Aiken, to whom the land was conveyed by David O. Warren on the 10th day of January, 1842, while he was the husband of Mildred Aiken. On the trial it was agreed:

“On, to wit, April 3, 1833, Cyrus S. Aiken and his wife, Mildred Aiken, were legally married in Alabama, and. lived together as man and wife thereafter up to the time of his death on January 10, 1843, their residence and domicile being at all times during…

2Cases cited8 opinions

  1. Bounds v. LittleCourt of Appeals of Texas · 1889
  2. Moore v. ChamberlainTexas Supreme Court · 1917
  3. Houston Oil Co. v. ChoateTexas Commission of Appeals · 1921
  4. Rogers v. PettusTexas Supreme Court · 1891
  5. Slayton v. SingletonTexas Supreme Court · 1888

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