Legal Opinion

Louder v. Schluter

Texas Supreme Court

Decided June 10, 1890No. 6687PublishedCited by 18 opinions

Appeal from Johnson. Tried below before Hori. J. M. Hall. The appellee A. Schluter brought this suit in the District Court of Johnson County October 11, 1886, against J. L. D. Louder, George Etter, Thos.

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Appeal from Johnson. Tried below before Hori. J. M. Hall. The appellee A. Schluter brought this suit in the District Court of Johnson County October 11, 1886, against J. L. D. Louder, George Etter, Thos. Gray, A. J. Louder, J. S. Hutchins, and Mrs. M. B. Louder, wife of J. L. D. Louder, to recover 3,213,111 square varas of land located by virtue of the headright certificate of G. B. Jemison, and patented to his heirs June 10,1851. After allegations in the usual form of trespass to try title the petition alleges that on the 24th day of August, 1886, W. K. Henderson, administrator of the estate…

1Opinion of the Court

COLLARD, Judge.

Mrs. Jemison was permitted to testify, over objections of defendants, that she had heard her grandfather Jemison say that Green B. Jemison was his son, and that she had heard her mother say he was her brother. These declarations were admissible in evidence to prove the relationship, both the declarants being dead. 1 Greenl. on Ev., sec. 103.

Appellants contend that the court erred in admitting in evidence the *106order of sale and the confirmation thereof by the Probate Court of Marion County of the land in controversy, they having objected to the same because there was no evidence…

2Cases cited5 opinions

  1. Guilford v. LoveTexas Supreme Court · 1878
  2. Holstein v. AdamsTexas Supreme Court · 1889
  3. Gaither v. HanrickTexas Supreme Court · 1887
  4. Tom v. SayersTexas Supreme Court · 1885
  5. Ney v. MummeTexas Supreme Court · 1886

3Cited by18 opinions

  1. Taylor v. Higgins Oil & Fuel Co.Court of Appeals of Texas · 1928
  2. Mayfield v. Benavides, Texas Court of Appeals, 4th District (San Antonio)1985
  3. In Re Estate of HartmanCalifornia Supreme Court · 1910
  4. Conyer v. BurckhalterCourt of Appeals of Texas · 1925
  5. Smith v. LynnCourt of Appeals of Texas · 1941

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