Byrne v. Love
Texas Supreme Court
Appeal from Galveston. This suit was brought in the name of Edward F. Byrne, an infant of ten years of age, by his mother, calling herself his natural guardian and next friend, to recover from the defendants, possession of a lot of ground in the city of Galveston, and damages for its occupancy.
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Appeal from Galveston. This suit was brought in the name of Edward F. Byrne, an infant of ten years of age, by his mother, calling herself his natural guardian and next friend, to recover from the defendants, possession of a lot of ground in the city of Galveston, and damages for its occupancy. The petition alleged that said Edward was the son of Wm. 0. and Ann 0. Byrne ; that Wm. 0. Byrne, in the year 1838, was lawfully married to one Jane Heatherington, who was still living, and from whom he had never been divorced; that in 1839 he married said Ann, who was wholly ignorant of the first…
1Opinion of the Court
Hemphill, Ch. J.
We will first consider whether Wm. C. Byrne, on the supposition that he is the lawful father of the plaintiff, could make such transfer of the guardianship of the person and property of the plaintiff as that contemplated in the deed from the said Byrne to James Love, one of the defendants.
The transfer was evidently under a misapprehension that the title of the property was in Byrne, the grantor, and not in the plaintiff; but this is not very material, as in equity it would be regarded as effectual to convey whatever interest or control the grantor had over the property; and in…
2Cited by8 opinions
- Legate v. LegateTexas Supreme Court · 1894
- Barela v. RobertsTexas Supreme Court · 1871
- Faulk v. FaulkTexas Supreme Court · 1859
- Allen v. MulkeyCourt of Appeals of Texas · 1929
- Franks v. HancockTexas Commission of Appeals · 1880
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