Terry v. French
Court of Appeals of Texas
1. Findings of Fact —Plea of Misjoinder of Parties. — Where the general finding of facts by the court includes facts conclusive against a plea in abatement, the omission to find separately upon the plea is immaterial.
1Opinion of the Court
FISHER, Chief Justice.
Appellees instituted this suit in Milam County, against appellants, James and A. D. Terry, and alleged in their petition, that appellants were the sons of M. Terry, deceased, and that after his death they made application for the probate of the will of M. Terry, who had died seized of an estate worth $40,000, in which he had bequeated to them his entire estate; and the plaintiffs, who were M. Terry’s grandchildren and heirs, had filed a contest against the probate of said will, and pending the contest, appellants had entered into a contract with appellees, in which they…
2Cases cited1 opinion
- Beham v. GhioCourt of Appeals of Texas · 1889
3Cited by6 opinions
- Parks v. SullivanCourt of Appeals of Texas · 1912
- Eddingston v. AcomCourt of Appeals of Texas · 1924
- Greene v. ElerdingCourt of Appeals of Texas · 1927
- French v. De MossCourt of Appeals of Texas · 1915
- Permian Building, Inc. v. GreenblattCourt of Appeals of Texas · 1969
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