Legal Opinion

Blythe v. Easterling

Texas Supreme Court

Decided July 1, 1857PublishedCited by 4 opinions

Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by appellees, Bennett Easterling, Frances E. Easterling his wife, and Josephine Baird, all citizens of Autauga county, in the State of Alabama, as heirs-at-law of Charles Baird, deceased, against Francis M. Blythe, to recover a quarter of a league of land, parcel of a league originally granted to E. D. Jackson.

Read the full summary

Appeal from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by appellees, Bennett Easterling, Frances E. Easterling his wife, and Josephine Baird, all citizens of Autauga county, in the State of Alabama, as heirs-at-law of Charles Baird, deceased, against Francis M. Blythe, to recover a quarter of a league of land, parcel of a league originally granted to E. D. Jackson. Edwin H. Winfield and Ann H. Winfield his wife, became defendants instead of Blythe, who was their tenant. The cause was submitted to the Judge without a jury, upon unagreed statement of facts, which, as far as…

1Opinion of the CourtWheeler, J.

It is too well settled by repeated decisions of this Court, to be longer regarded as an open question, that at the period of the death of Charles Baird, (1833,) his heirs, being aliens, could not inherit his estate. (Holliman v. Peebles, 1 Tex. R. 673; Yates v. Iams, 10 Tex. R. 168; Bacon v. Hornsby, supra.)

The deed of the 7th of May, 1838, from Jackson to Coles, as administrator of Baird, shows plainly upon its face that it was made to Coles, in trust for the heirs of Baird. (Soye v. McCallister, 18 Tex. R. 80; Soye v. Maverick, Id. 100.) The plaintiffs derive their title by descent from…

2Cited by4 opinions

  1. Kircher v. MurrayU.S. Circuit Court for the District of Western Texas · 1893
  2. Kesterson v. BaileyCourt of Appeals of Texas · 1904
  3. Glover v. McFaddinCourt of Appeals for the Fifth Circuit · 1953
  4. Webb's Heirs v. Kirby Lumber CompanyCourt of Appeals of Texas · 1908

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API