Legal Opinion

Pearce v. Pearce

Texas Supreme Court

Decided February 1, 1911No. 2118PublishedCited by 15 opinions

Error to the Court of Civil Appeals, Third District, in an appeal from Travis County. The action was brought by James E. Pearce against Lillian Carrington and others for partition of land. Defendants appealed from a judgment for plaintiff. It was reversed and the ease remanded (124 S. W., 129) whereupon plaintiff obtained • a writ of error, the rulings practically settling the case.

1Opinion of the CourtJustice Ramsey

1. We think there can be no doubt that Mrs. Mignonette Carrington Pearce obtained a fee simple title to the land which is the" subject of the controversy in this case. The disposition of this question by the Court of Civil Appeals is, we think, based on satisfactory reasons, well supported by the authorities. We think it should be further held, whether under the will of her father the fee which passed into the land in suit was absolute or was determinable upon the condition of her death without issue, that since she left issue a fee simple estate vested in her and became absolute upon the…

2Cases cited13 opinions

  1. Chace v. GreggTexas Supreme Court · 1895
  2. Laval v. StaffelTexas Supreme Court · 1885
  3. Church v. CrockerMassachusetts Supreme Judicial Court · 1807
  4. Guitar v. GordonSupreme Court of Missouri · 1853
  5. Hockensmith v. SlusherSupreme Court of Missouri · 1858

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3Cited by15 opinions

  1. Darragh v. BarmoreTexas Commission of Appeals · 1922
  2. West v. GlissonCourt of Appeals of Texas · 1916
  3. Lockett v. WoodCourt of Appeals of Texas · 1935
  4. In Re Newell's Estate &8212 Newell v. BradleyUtah Supreme Court · 1931
  5. First Nat. Bank of Paris v. WallaceCourt of Appeals of Texas · 1928

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