Moerlein v. Heyer
Texas Supreme Court
Error to the Court of Civil Appeals for the First District, on error from Harris County. Moerlein, as independent executor, sued Heyer for recovery of land and had judgment. Defendant prosecuted error to the Court of Civil Appeals, where the judgment was reversed and rendered in favor of plaintiff in error. Defendant in error, plaintiff in the trial court, then obtained writ of error from the Supreme Court.
1Opinion of the Court
WILLIAMS, Associate Justice.
Plaintiff in error, as independent executor of the will of E. L. Bremond, deceased, brought this action to recover of the defendant in error a small parcel of land in the city of Houston. Defendant, in her answer, set up title by purchase from the heirs and devisees of the decedent and alleged that there were no debts or charges against the estate and no reason for the recovery of the land by the executor for the purposes of the trust and asked that he be required to account and that the administration be adjudged to be closed. In reply the plaintiff set up the…
2Cases cited1 opinion
- Austin v. WillisSupreme Court of Alabama · 1890
3Cited by7 opinions
- Sinnott v. GidneyTexas Supreme Court · 1959
- Jones v. HextCourt of Appeals of Texas · 1933
- Rockhold v. Lucky Tiger Oil Co.Court of Appeals of Texas · 1927
- Maibaum v. Union Trust Co.Court of Appeals of Texas · 1927
- Geraghty v. RandalsCourt of Appeals of Texas · 1949
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