O'Brien v. Hilburn
Texas Supreme Court
Error from Williamson. Tried below before the Hon. Edward H. Vontress. Suit by the defendant in error, a married woman, brought by authority of the district judge, (her husband refusing to join therein,) against the plaintiff in error, for the recovery of a negro woman, Lydia, and her children, as her separate property.
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Error from Williamson. Tried below before the Hon. Edward H. Vontress. Suit by the defendant in error, a married woman, brought by authority of the district judge, (her husband refusing to join therein,) against the plaintiff in error, for the recovery of a negro woman, Lydia, and her children, as her separate property. The petition was filed October 25th, 1849; and at the same time, a writ of sequestration was issued for the negroes, under which they were seized hy the sheriff. On the same day, they were replevied by the defendant, who, in answer to the petition, pleaded a general denial;…
1Opinion of the Court
Wheeler, Ch. J.
As respects the right of the plaintiff to maintain this action, it is not material whether the deed of gift, of the 15th of December, 1846, vested in the plaintiff the absolute ownership, or only a life estate in the property. Nor is it rendered material by the pleadings and evidence, as respects *624the measure of the recovery in damages. But it would seem that, under the deed, the plaintiff took an absolute estate. (Hawkins v. Lee, supra, 544, and cases cited.)
We think the evidence, proposed to prove a disclaimer of ownership, by the elder Hilburn, in Arkansas, and the other…
2Cases cited3 opinions
- Davis v. LoftinTexas Supreme Court · 1851
- Fowler v. StonumTexas Supreme Court · 1851
- Primot v. ThibodeauxSupreme Court of Louisiana · 1833
3Cited by22 opinions
- Crawford v. ThomasonCourt of Appeals of Texas · 1909
- Rushing v. Citizens' National Bank of PlainviewCourt of Appeals of Texas · 1913
- Coons v. LainCourt of Appeals of Texas · 1914
- Simms v. Southwest Texas Methodist HospitalCourt of Appeals of Texas · 1976
- Magee v. PaulCourt of Appeals of Texas · 1913
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