Jemison v. Gaston
Texas Supreme Court
Error from Fort Bend. Tried below before Hon. J. H„ Bell. The plaintiff in error, E. J. Jemison, sued defendants as representatives of Hudson Gaston, deceased, for such part of one quarter of a league of land situated in Fort Bend county, as she was entitled to as one of the heirs of Jesse Thompson, deceased, he having died in 1834, leaving as survivors his wife, Mary Thompson, and his children, H. M. Thompson, James M. Thompson, Jesse Thompson, Henry C. Thompson, Gracy…
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Error from Fort Bend. Tried below before Hon. J. H„ Bell. The plaintiff in error, E. J. Jemison, sued defendants as representatives of Hudson Gaston, deceased, for such part of one quarter of a league of land situated in Fort Bend county, as she was entitled to as one of the heirs of Jesse Thompson, deceased, he having died in 1834, leaving as survivors his wife, Mary Thompson, and his children, H. M. Thompson, James M. Thompson, Jesse Thompson, Henry C. Thompson, Gracy Thompson, who intermarried with 0. 0. Edwards, Mary Thompson, who intermarried with Olaiborn Rector, Lavinia Thompson, who…
1Opinion of the CourtWheeler, J.
It does not appear that there was no appraisement of the land in question prior to the sale. The deed recites the contrary, that there was such appraisement; and that is prima facie evidence of the fact. It was not necessary that it should appear by the records of the Probate Court; nor was it incumbent on the defendant to prove it. The Court had authority to order the sale elsewhere than at the Court House, (Hart. Dig. Art. 1057,) and the question is, whether the order conferred the authority in this instance ? We are of opinion that it did. The order was made “ upon the petition of the…
2Cited by7 opinions
- Fidelity & Deposit Co. of Maryland v. WisemanTexas Supreme Court · 1910
- Lawson v. LawsonCourt of Appeals of Texas · 1902
- Massie v. ShieldsCourt of Appeals of Texas · 1933
- Minchew v. CaseCourt of Appeals of Texas · 1912
- Abilene State Bank v. United States Fidelity & Guaranty Co.Court of Appeals of Texas · 1931
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