Stovall v. Carmichael
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. L. W. Moore. Suit in trespass to try title, as well as for damages, brought by James T. Stovall, in the District Court of Fayette county, on the 24th day of April, 1876, against N. M. Carmichael, to recover' three hundred and twenty acres of land situated in Fayette county, patented to the heirs of M. B. Tatum on March 7, 1867. On May 13,1878, Archibald Stovall and twelve others came in and made themselves parties plaintiff,…
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Appeal from Fayette. Tried below before the Hon. L. W. Moore. Suit in trespass to try title, as well as for damages, brought by James T. Stovall, in the District Court of Fayette county, on the 24th day of April, 1876, against N. M. Carmichael, to recover' three hundred and twenty acres of land situated in Fayette county, patented to the heirs of M. B. Tatum on March 7, 1867. On May 13,1878, Archibald Stovall and twelve others came in and made themselves parties plaintiff, claiming interests in the land in controversy as tenants in common with the original plaintiff". In a second supplemental…
1Opinion of the Court
Gould, Associate Justice.
There was evidence under which the court may well have held that Mary C. Tatum was the only surviving sister of M. B. Tatum, and that in default of children, parents, or grand-parents, she was, under the law in force in March, 1836, his sole heir. But she died childless in September, 1840, and the evidence is certainly sufficient to show that some of the plaintiffs are part heirs of her estate. Under the law of descent of thife State in force at her death, and, so far as the record discloses, controlling the question, her husband inherited no part of her estate, but…
2Cases cited2 opinions
- Grassmeyer v. BeesonTexas Supreme Court · 1857
- Hutchins v. BaconTexas Supreme Court · 1877
3Cited by23 opinions
- Kirby Lumber Corp. v. Southern Lumber Co.Texas Supreme Court · 1946
- Cobb v. RobertsonTexas Supreme Court · 1905
- Steddum v. Kirby Lumber Co.Texas Supreme Court · 1920
- Neeley v. Intercity Management Corp.Court of Appeals of Texas · 1981
- Allen v. ReadTexas Supreme Court · 1886
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