Markham v. Carothers
Texas Supreme Court
Error from Walker. Tried below before the Hon. J. R. Burnett. This suit was commenced on the 21st April, 1868, by the legal representative of Thomas Carothers, deceased, to recover the title and possession of ‘a house and lot in the town of Huntsville. J. M. Rountree and' J. W. Bowden, being in possession, were made defendants.
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Error from Walker. Tried below before the Hon. J. R. Burnett. This suit was commenced on the 21st April, 1868, by the legal representative of Thomas Carothers, deceased, to recover the title and possession of ‘a house and lot in the town of Huntsville. J. M. Rountree and' J. W. Bowden, being in possession, were made defendants. At the November Term, 1868, Rountree and Bowden appeared and disclaimed title in themselves, and at the same term J. W. Bowden, as guardian of Irene Rountree, intervened and claimed title to one half the property sued for, in right of his ward, and averred that her…
1Opinion of the Court
Gould, Associate Justice.
It appears, by the bill of exceptions, that the court excluded the testimony of J. M. Bountree on the ground that Ms competency was questionable, and on the further ground that the evidence offered was not evidence in rebuttal. We are of opinion that neither of these grounds are maintainable.
After Ms disclaimer, J. M. Bountree was not treated as a party to the suit, wMch thereafter proceeded to trial as a suit by the administrator of Carothers’s estate agamst Irene Bountree. As he was not a party to an action by or against an executor, administrator, or guardian, he…
2Cases cited2 opinions
- Roberts v. WimberlyTexas Supreme Court · 1874
- Cuney v. DupreeTexas Supreme Court · 1858
3Cited by37 opinions
- Snow v. StarrCourt of Appeals of Texas · 1889
- East Line & Red River Railroad v. GarrettTexas Supreme Court · 1879
- Southern Pacific Transportation Co. v. PeralezCourt of Appeals of Texas · 1976
- Simon v. MiddletonCourt of Appeals of Texas · 1908
- Pugh v. TurnerTexas Supreme Court · 1946
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