Legal Opinion

Barre v. Daggett

Texas Supreme Court

Decided February 5, 1913No. 2281PublishedCited by 20 opinions

Error to the Court of Civil Appeals, Sixth District, in an appeal from Tarrant County. John P. Daggett and others sued Josephine Barre. Defendant had judgment on demurrer sustained to plaintiffs’ petition. They appealed, and on reversal and remand appellee, defendant below, obtained writ of error on the ground that the ruling settled the case.

1Opinion of the Court

Mr. Chief Justice

Brown delivered the opinion of the court.

“Appellant and appellees are brothers and sisters.” The suit was by appellees to recover from appellant her interest in the property. The allegations of the petition material to this proceeding are, in substance, that all parties were children of C. B. Daggett and Mary Daggett; that C. B. Daggett died, leaving Mary his wife his survivor, and the land in question was the community property of said C. B. and Mary Daggett. Josephine Barre joined by her husband for a valuable consideration by deed in due form conveyed all of her interest…

2Cases cited2 opinions

  1. Ballard v. CarmichaelTexas Supreme Court · 1892
  2. Hale v. HollonTexas Supreme Court · 1897

3Cited by20 opinions

  1. Clark, Admr. v. GaunttTexas Supreme Court · 1942
  2. Wilson v. BeckCourt of Appeals of Texas · 1926
  3. Perry v. SmithTexas Commission of Appeals · 1921
  4. Osherow v. Porras (In Re Porras)United States Bankruptcy Court, W.D. Texas · 2004
  5. Christopher v. DavisCourt of Appeals of Texas · 1926

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