Jergens v. Schiele
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. This ivas a suit by the appellee for partition of three acres of land situate in the city of Houston, and of which the appellee claimed three-eighths, and he alleged the appellants owned five-eighths.
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Appeal from Harris. Tried below before the Hon. James Masterson. This ivas a suit by the appellee for partition of three acres of land situate in the city of Houston, and of which the appellee claimed three-eighths, and he alleged the appellants owned five-eighths. The defendants answered by general denial, and that the premises were originally agreed to be purchased by one Charles Schiele, father of plaintiff, from one John F; Ovaivford, who executed to Charles Schiele two deeds for the land: one dated on the 22d day of April, 1854, for one acre, and one executed 27th day of November, 1854,…
1Opinion of the Court
Willie, Chief Justice.—
The court did not err in admitting in evidence the proceedings in the two suits known in the transcript as-Ho. 10,623 and Ho. 10,997, which were brought by Richard Schieleagainst Frederick Jergens to establish the right of the former in the two tracts of land bought by his father from John F. Crawford.
These lots, upon the defendants’ own theory of the case, were five-eighths the separate property of the defendant Frederick Jergens, and three-eighths the community estate of himself and his wife Mary.. The appellee’s claim is that he owned an undivided interest of…
2Cases cited1 opinion
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