Honey v. Clark
Texas Supreme Court
Appeal from Wharton. Tried below before the Hon. W. H. Burkhart. John C. Clark, whose estate was the subject-matter of this litigation, died at his home in Wharton county in the year 1862. He left a large estate, consisting of lands, slaves, and personal assets, the aggregate value of which, at the time of his death, approximated half a million .of dollars.
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Appeal from Wharton. Tried below before the Hon. W. H. Burkhart. John C. Clark, whose estate was the subject-matter of this litigation, died at his home in Wharton county in the year 1862. He left a large estate, consisting of lands, slaves, and personal assets, the aggregate value of which, at the time of his death, approximated half a million .of dollars. An administration was had upon his estate, and in 1866, the administrators, considering that the estate had escheated, delivered the effects remaining in their hands to the then Treasurer of the State, whose successor in office was the…
1Opinion of the CourtWalker, J.
The verdict of the jury in this case reads as follows : “We, the jury, find the plaintiffs are the true heirs of “ John C. Clark.”
This verdict was found upon evidence going to prove that John C. Clark and the mulatto woman Sobrina, who is the mother of the appellees, were in Texas long before her independence of Mexico. Sobrina was here as early as 1828 or 1830. The institution of slavery, after the 11th of October, 1827, could not exist by law, until after Texas established her independence and declared herself a slave state.
The right of the appellees to inherit the estate of John 0. Clark…
2Cases cited4 opinions
- Holmes v. HolmesSupreme Court of Louisiana · 1834
- Tarpley v. Poage's Adm'rTexas Supreme Court · 1847
- Hammick v. BronsonSupreme Court of Connecticut · 1812
- Hobdy v. JonesSupreme Court of Louisiana · 1847
3Cited by4 opinions
- Clements v. CrawfordTexas Supreme Court · 1874
- Wilemon v. WilemonTexas Supreme Court · 1923
- Treasurer of the State v. WygallTexas Supreme Court · 1879
- Hill v. FairfaxTexas Supreme Court · 1873