March v. Huyter
Texas Supreme Court
Appeal from Busk. Tried below before the Hon. A. J. Booty. S. W. March and L. D. March, April 25,1871, claiming one-fourth interest in the estate of Susan and Bird Linthecum, brought suit in the District Court of Busk county for partition against B. C. Linthecum, Mrs. Martha Salmons, and others. The defendant B. C. Linthecum held part of the estate by purchase of Bird after the death of his wife Susan. The deed from Bird Linthecum was attacked and asked to be cancelled.
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Appeal from Busk. Tried below before the Hon. A. J. Booty. S. W. March and L. D. March, April 25,1871, claiming one-fourth interest in the estate of Susan and Bird Linthecum, brought suit in the District Court of Busk county for partition against B. C. Linthecum, Mrs. Martha Salmons, and others. The defendant B. C. Linthecum held part of the estate by purchase of Bird after the death of his wife Susan. The deed from Bird Linthecum was attacked and asked to be cancelled. Pending the suit, J. J. Huyter became the owner, by purchase at a trust sale, of the interest of E. C. Linthecum, and…
1Opinion of the Court
Bonner, Associate Justice.
The material issues and. facts in this case are substantially these: Bird Linthecum and his wife Susan, being the owners of certain personal property, slaves, and lands, on September 28, 1860, made a joint will, to the effect that the survivor was to keep and remain in possession of the property during lifetime, with power to sell the land and other property, except the slaves, and make title thereto, and at the death of the survivor the slaves were specifically given to their three living children, T. B. Linthecum, R. C. Linthecum, and Martha Salmons, and the sum of…
2Cases cited3 opinions
- Wyche v. ClappTexas Supreme Court · 1875
- Schumaker v. SchmidtSupreme Court of Alabama · 1870
- Good v. CoombsTexas Supreme Court · 1866
3Cited by49 opinions
- Murphy v. SlatonTexas Supreme Court · 1954
- Larrabee v. PorterCourt of Appeals of Texas · 1914
- Fitch v. BoyerTexas Supreme Court · 1879
- Thomas v. Southwestern Settlement & Development Co.Texas Supreme Court · 1939
- Camoron v. ThurmondTexas Supreme Court · 1881
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