Johnson v. Bowden
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. John G-. Scott. The opinion of the court discloses the general character of the case. The litigation had its origin in the clause of the will quoted in the first head-note. While it is true that there were other trusts and duties involved in the execution of the will, it does not appear that the sale of the property in question was necessary to their execution.
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Appeal from Anderson. Tried below before the Hon. John G-. Scott. The opinion of the court discloses the general character of the case. The litigation had its origin in the clause of the will quoted in the first head-note. While it is true that there were other trusts and duties involved in the execution of the will, it does not appear that the sale of the property in question was necessary to their execution. The first clause of the will directed the payment of the funeral expenses and debts of the testatrix. Following it were six clauses making specific legacies. The eighth clause disposed…
1Opinion of the CourtWalker, J.
The opinion heretofore announced, dismissing this case, has been held up, on our attention being called to an agreement of counsel, waiving the substantial grounds of the motion to dismiss. We think it due to ourselves, however, to notice that though by the agreement the failure of the appellant to assign errors was waived, and he was permitted to make his assignment of errors here, yet no errors have been assigned. The record is not indexed, and we have been compelled to grope our way through the record to find what should have been brought directly and specifically to our notice. This…
2Cases cited2 opinions
- Dugan's Heirs v. Colville's HeirsTexas Supreme Court · 1852
- Ottenhouse v. Burleson's Adm'rsTexas Supreme Court · 1853
3Cited by4 opinions
- Hart v. RustTexas Supreme Court · 1877
- Johnson v. BowdenTexas Supreme Court · 1875
- Baker v. WiswellNebraska Supreme Court · 1885
- Mitchell v. NixTexas Commission of Appeals · 1880