Legal Opinion

McDougal v. Bradford

Texas Supreme Court

Decided April 21, 1891No. 6817PublishedCited by 17 opinions

This suit was brought in the District Court of Denton County on the 4th of November, 1885, by Jesse Hyatt, Robert H. Bradford, and Jesse Bradford, a minor, who sues by his next friend Robert H Bradford, plaintiffs, against Jennie McDougal, A. C. McDougal, her husband, and John Hyatt (Mrs. McDougal’s son by a former marriage with Stephen Hyatt, deceased), Loretta Daugherty and Boone Daugherty her husband, S. C. Thornton, the Texas & Pacific Railway, the Missouri Pacific…

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This suit was brought in the District Court of Denton County on the 4th of November, 1885, by Jesse Hyatt, Robert H. Bradford, and Jesse Bradford, a minor, who sues by his next friend Robert H Bradford, plaintiffs, against Jennie McDougal, A. C. McDougal, her husband, and John Hyatt (Mrs. McDougal’s son by a former marriage with Stephen Hyatt, deceased), Loretta Daugherty and Boone Daugherty her husband, S. C. Thornton, the Texas & Pacific Railway, the Missouri Pacific Railway and the city of Denton, to recover T%2y of two tracts of .land, situated at the town of Denton, out of the H. Cisco…

1Opinion of the Court

COLLARD, Judge.

The first assignment of error is, “The court erred in finding the land in controversy to be the community property of Stephen and Jane Hyatt. ’ ’

It was in proof that during the life of Stephen Hyatt’s first wife he owned a place in Louisville. • His first wife died in 1853, and he was married again in 1854 or 1856 to Jane Cusley, while yet living on the place in Louisville, Denton County, Texas. His second wife Jane died in 1862, and he was married again to Jennie Walden (now Jennie Mc-Dougal, one of the defendants) in December, 1862. He sold the Louisville place, at what time…

2Cases cited5 opinions

  1. Childers v. D. J. Henderson & Co.Texas Supreme Court · 1890
  2. White v. ShepperdTexas Supreme Court · 1856
  3. Green v. CrowTexas Supreme Court · 1856
  4. Sossaman v. PowellTexas Supreme Court · 1858
  5. Scott v. CunninghamTexas Supreme Court · 1883

3Cited by17 opinions

  1. Stiles v. HawkinsTexas Commission of Appeals · 1918
  2. Gilroy v. RichardsCourt of Appeals of Texas · 1901
  3. Saner-Whiteman Lumber Co. v. Texas & N. O. Ry. Co.Texas Commission of Appeals · 1926
  4. Rolater v. RolaterCourt of Appeals of Texas · 1917
  5. Arnold v. Southern Pine Lumber Co.Court of Appeals of Texas · 1909

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