Kircher v. Murray
Court of Appeals for the Fifth Circuit
Error to the Circuit Court of the United States for the Western District of Texas. Augusta Kircher filed this suit on the 10th of September, 1891, against R. G. Murray and five others, to recover title and possession from them of 433 acres of land described in her original petition.
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Error to the Circuit Court of the United States for the Western District of Texas. Augusta Kircher filed this suit on the 10th of September, 1891, against R. G. Murray and five others, to recover title and possession from them of 433 acres of land described in her original petition. On the 12th of February, 1892, R. G. Murray and his codefondants answered, setting up fully the claims of plaintiff and defendants, and contending that under the facts, as pleaded, defendants were entitled to judgment. The facts being uncon-troverted, the plaintiff, .by demurrer and special exceptions, raised the…
1Opinion of the Court
PARDEE, Circuit Judge,
(after stating the facts.) Conceding that the mother and two* brothers of Gustave Bunsen, by reason of their alienage, could not take the land in controversy as heirs of Gustave Bunsen, and that, therefore, said Gustave Bunsen left neither descendants, ascendants, nor collateral relations capable of taking as heirs, could and did the plaintiff in error, the wife of *50Gustare Bunsen, inherit and take as heir under the law in force in Texas at the time of said Bunsen’s death? The trial judge, in a very elaborate opinion, answered this question in the negative, and gave the…
2Cases cited16 opinions
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Bagnell v. BroderickSupreme Court of the United States · 1839
- Patty v. MiddletonTexas Supreme Court · 1891
- Redfield v. ParksSupreme Court of the United States · 1889
- Edwards v. BrownTexas Supreme Court · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sterrett v. SterrettCourt of Appeals of Texas · 1950
- In re Estate of Foster, Superior Court of California, County of San Francisco1909