Legal Opinion

Peak v. Brinson

Texas Supreme Court

Decided June 30, 1888No. 6066PublishedCited by 12 opinions

Appeal from Tarrant. Tried below before the Hon. R. E. Beckham, This is an appeal by Florence Peak, Clara Walden and Ollie Peak against a judgment, their motion for new trial being overruled. The other defendants did not ask a new trial nor join in the appeal. The nature and result of the suit given in brief of appellants is adopted.

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Appeal from Tarrant. Tried below before the Hon. R. E. Beckham, This is an appeal by Florence Peak, Clara Walden and Ollie Peak against a judgment, their motion for new trial being overruled. The other defendants did not ask a new trial nor join in the appeal. The nature and result of the suit given in brief of appellants is adopted. M. T. Brinson, T. H. Brinson, Mary Coleman, joined by her husband, T. S. Coleman, C. J. Burford and Nannie Burford, a minor, by her next friend, M. T. Brinson, and Thomas J. Johnson, instituted this suit in the district court of Tarrant county against Samuel W.…

1Opinion of the Court

Walker, Associate Justice.

February 17, 1885, the appellees brought suit in trespass to try title and for partition, claiming together one-fourth interest in a tract of twelve and five-eighths acres of land.

All parties claimed under Vienna Field; the plaintiffs as heirs, the defendants through deeds. She was married to Dr. Sam Field in 1871 and died without issue January 8, 1880, her husband surviving. She left two sisters and the descendants of two others. The petition recognized the right of the surviving husband to one-half and of the two living sisters to one-eighth each of the property.…

2Cited by12 opinions

  1. Allen v. AllenTexas Supreme Court · 1908
  2. Humble Oil & Refining Co. v. ClarkTexas Supreme Court · 1935
  3. Dohoney v. WomackCourt of Appeals of Texas · 1892
  4. Mexia v. OliverSupreme Court of the United States · 1893
  5. Green v. ChurchwellCourt of Appeals of Texas · 1920

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