Pope v. Garrett

This suit is by Claytonia Garrett against James Pope and others, the heirs of Carrie Simons, a negro woman, to impress a trust upon property that passed to the heirs on the death of Carrie Simons intestate, after she, during her last illness, had been forcibly prevented by two of the heirs from executing a will devising the property to Claytonia Garrett.

Following trial before a jury the district court rendered judgment awarding to the plaintiff, Claytonia Garrett, the beneficial title to the whole of the property. The Court of Civil Appeals affirmed the trial court’s judgment in part and…