Legal Opinion

Cochran v. Thompson

Texas Supreme Court

Decided July 1, 1857PublishedCited by 15 opinions

Error from Montgomery. Tried below before the Hon. Peter W. Gray. Petition filed March 8th, 1851, as follows : The petition of Henry D. Thompson, adm’r. de bonis non of James Smith, deceased, respectfully showeth that in the year 1831, there was issued, by the Mexican government, to James Smith, a title for one fourth of a league of land, lying in Montgomery county, Texas, and fully described by metes and bounds in the exhibits hereto annexed ; that, in 1837, the said Smith…

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Error from Montgomery. Tried below before the Hon. Peter W. Gray. Petition filed March 8th, 1851, as follows : The petition of Henry D. Thompson, adm’r. de bonis non of James Smith, deceased, respectfully showeth that in the year 1831, there was issued, by the Mexican government, to James Smith, a title for one fourth of a league of land, lying in Montgomery county, Texas, and fully described by metes and bounds in the exhibits hereto annexed ; that, in 1837, the said Smith died intestate-in Montgomery county, and at May Term, 1838, of the Probate Court of that county, letters of…

1Opinion of the Court

Hemphill, Ch. J.

On a previous trial in this cause, there was verdict for defendants below, viz : Jacob Shannon and the administrators of Cochrane. The plaintiff, viz: Thompson, appealed, and the judgment being reversed, anew trial has been had and judgment has been given for the plaintiff. The adm’r. and adm’x. of Cochrane have brought up the cause. There is no statement of facts, but it is assigned that there was error in overruling the demurrer to the petition, and refusing, on the second trial, to rehear argument on the demurrer, and to sustain the same.

The argument of the plaintiffs in…

2Cited by15 opinions

  1. Martin v. Robinson, 67 Tex. 368 (Tex. 1887)Texas Supreme Court · 1887
  2. Rogers v. RewardTexas Supreme Court · 1880
  3. Walker v. AbercrombieTexas Supreme Court · 1884
  4. Dowlin v. BoydTexas Commission of Appeals · 1927
  5. Deans v. WilcoxonSupreme Court of Florida · 1889

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