Rutherford v. Stamper
Texas Supreme Court
Appeal from Cook. Tried below before the Hon. J. A. Carroll. Plaintiffs Rutherford et al. brought this action in trespass to try title. Defendant, by answer filed August 5, 1879, pleaded in abatement, first, that plaintiffs claimed by distinct titles; second, that one of the plaintiffs had died during the pendency of the suit. They excepted to plaintiffs’ petition, and pleaded not guilty.
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Appeal from Cook. Tried below before the Hon. J. A. Carroll. Plaintiffs Rutherford et al. brought this action in trespass to try title. Defendant, by answer filed August 5, 1879, pleaded in abatement, first, that plaintiffs claimed by distinct titles; second, that one of the plaintiffs had died during the pendency of the suit. They excepted to plaintiffs’ petition, and pleaded not guilty. Plaintiffs suggested the death of Mary F. Patton during the pendency of the suit, and the cause was ordered to proceed in the name of the co-plaintiffs, Emma Carr and William Ruleman. At the trial, the court…
1Opinion of the Court
Watts, J. Com. App.
The conveyance by the heirs of Wm. Daniels, and pending administration on his estate, was not void on that ground. At the death of Daniels his estate vested by inheritance in his heirs, subject, however, to administration, and their conveyance, pending the same, would vest in their vendees whatever interest might be left to them at the final conclusion of the administration. It is claimed that these conveyances are void because the right of the estate of Wm. Daniels was to an undivided interest in the land, and his heirs conveyed certain specific portions thereof by metes…
2Cases cited4 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- March v. HuyterTexas Supreme Court · 1878
- Fleming v. SeeligsonTexas Supreme Court · 1881
- Good v. CoombsTexas Supreme Court · 1866
3Cited by23 opinions
- Moore v. SnowballTexas Supreme Court · 1904
- McCampbell v. DurstCourt of Appeals of Texas · 1897
- Fisher v. WoodTexas Supreme Court · 1885
- Woodward v. Jaster, Texas Court of Appeals, 3rd District (Austin)1996
- Maverick v. BurneyTexas Supreme Court · 1895
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