Legal Opinion

Becton v. Alexander

Texas Supreme Court

Decided July 1, 1864PublishedCited by 10 opinions

Error from Cherokee. Tried below before the Hon. C. A. Frazer. On the 15th of October, 1855, William J. Becton, Abner M. Green as assignee of one-half of William J. Becton’s interest, Wilson R. M. Becton, and Delitha Eckford, joined by her husband, brought this suit in the District Court of Oherokee county, against Carnes B. Alexander and Charles B. Raines, executors of Frederick E. Becton, deceased, and also against several other persons who, as legatees, donees, or heirs,…

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Error from Cherokee. Tried below before the Hon. C. A. Frazer. On the 15th of October, 1855, William J. Becton, Abner M. Green as assignee of one-half of William J. Becton’s interest, Wilson R. M. Becton, and Delitha Eckford, joined by her husband, brought this suit in the District Court of Oherokee county, against Carnes B. Alexander and Charles B. Raines, executors of Frederick E. Becton, deceased, and also against several other persons who, as legatees, donees, or heirs, claimed portions or interests in the estate of said Frederick E. Becton. The object of the suit was—1st, to set aside…

1Opinion of the CourtMoore, J.

The court did not err in overruling the exceptions *667to the plaintiffs’ petition. The allegations of the plaintiffs unquestionably present a case in which they are not only entitled to invoke the jurisdiction of the District Court, but as to which the County Court was powerless to grant them full and adequate relief. Although their original petition does not, in express terms, charge a collusion and combination between the executors and the other defendants, who are charged to have taken into then’ possession, under the assertion of a claim of title, some of the negroes belonging to the estate…

2Cases cited10 opinions

  1. Francis v. NorthcoteTexas Supreme Court · 1851
  2. Purvis v. SherrodTexas Supreme Court · 1854
  3. Smith v. SmithTexas Supreme Court · 1853
  4. Chevallier v. WilsonTexas Supreme Court · 1846
  5. Crain v. CrainTexas Supreme Court · 1856

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3Cited by10 opinions

  1. Rogers v. RewardTexas Supreme Court · 1880
  2. Zeliff v. JenningsTexas Supreme Court · 1884
  3. Fisher v. WoodTexas Supreme Court · 1885
  4. Crosson v. DwyerCourt of Appeals of Texas · 1894
  5. Slavin v. GreeverCourt of Appeals of Texas · 1919

5 more not listed; retrieve them via the Exa API.

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