Legal Opinion

Walker v. Lawler's Heirs

Texas Supreme Court

Decided July 1, 1876PublishedCited by 17 opinions

Appeal from Guadalupe. Tried below before the Hon. J. P. Richardson. The litigation involving title to the land sued for began in 1846. (See De Witt v. Miller, 9 Tex., 240.) The lull in the proceedings below in this suit for a period of ten years, referred to in the opinion, will perhaps be accounted for by the pendency of another suit during that period, prosecuted for the entire league by one of the heirs of the empresario, Green He Witt.

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Appeal from Guadalupe. Tried below before the Hon. J. P. Richardson. The litigation involving title to the land sued for began in 1846. (See De Witt v. Miller, 9 Tex., 240.) The lull in the proceedings below in this suit for a period of ten years, referred to in the opinion, will perhaps be accounted for by the pendency of another suit during that period, prosecuted for the entire league by one of the heirs of the empresario, Green He Witt. (See 39 Tex., 676.) The opinion fully states the pleadings on which it is based.

1Opinion of the Court

Gould, Associate Justice.

Originally, tins was a suit for partition of a league of land, brought in 1858, by Lawler’s heirs against appellant Walker, A. Ilerron, and others. In 1868, (and as to the history of the case during these ten years the record is silent,) Walker filed a cross-bill, malting the ad*535ministrator of E. B. Miller a parly, and, by agreement, in December, 1872, the case was tried as a suit for the recovery of the entire league of land, by Lawler’s heirs and Harwood, administrator of E. B. Miller’s estate, as plaintiffs, against Walker, as a defendant; the latter abandoning “…

2Cases cited1 opinion

  1. Bright v. BoydU.S. Circuit Court for the District of Maine · 1841

3Cited by17 opinions

  1. Hanrick v. GurleyTexas Supreme Court · 1900
  2. Parker v. G. Y. Coop.Texas Supreme Court · 1883
  3. French v. GrenetTexas Supreme Court · 1881
  4. Halsey v. JonesTexas Supreme Court · 1893
  5. Stephenson v. MarsalisCourt of Appeals of Texas · 1895

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