Clayton v. McKinnon
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. L. W. Moore. Suit by Henry F. Clayton, the appellant, for an undivided interest in 988 acres of land deeded to his deceased mother, Charlotte Clayton, by Keziah Taylor, on July 26, 1877. N. M. McKinnon, and quite a number of others, who were alleged to be in possession, were made defendants.
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Appeal from Fayette. Tried below before the Hon. L. W. Moore. Suit by Henry F. Clayton, the appellant, for an undivided interest in 988 acres of land deeded to his deceased mother, Charlotte Clayton, by Keziah Taylor, on July 26, 1877. N. M. McKinnon, and quite a number of others, who were alleged to be in possession, were made defendants. Plaintiff alleged that his mother died intestate in 1857, leaving surviving her five children; that M. M. McKinnon qualified as the administrator of her estate and administered thereupon until its close; that during the progress of administration the land…
1Opinion of the Court
Gould, Associate Justice.
1. As this case was tried by the court without a jury, and as we are of opinion that there was competent evidence sufficient to authorize the judgment rendered, it is not necessary to examine the numerous assignments of error to the action of the court in admitting evidence objected to; for in such a case the erroneous admission of evidence would not require a re*212versal of the judgment. Melton v. Cobb, 21 Tex., 539; Beaty v. Whitaker, 23 Tex., 526;.Smith v. Hughes, 23 Tex., 218.
2. We are of opinion that the appellant, by his guardian, John W. Clayton, was a party to…
2Cases cited3 opinions
- Melton v. CobbTexas Supreme Court · 1858
- Dancy v. StricklingeTexas Supreme Court · 1855
- Beaty v. WhitakerTexas Supreme Court · 1859
3Cited by16 opinions
- Lindsay v. JaffrayTexas Supreme Court · 1881
- Burckhalter v. ConyerTexas Commission of Appeals · 1928
- Ferguson v. FergusonTexas Commission of Appeals · 1930
- Andrus v. HornsbyCourt of Appeals of Texas · 1921
- Wells v. BurtsCourt of Appeals of Texas · 1893
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