Van Orden v. Pitts
Texas Commission of Appeals
Error to Court of Civil Appeals of Sixth. Supreme Judicial District. Action by Annie Ward Van Orden and another against Mrs. Hattie Pitts and another. Judgment for plaintiffs was reversed by the Court of Civil Appeals (158 S. W. 1043), and plaintiffs bring error.
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Error to Court of Civil Appeals of Sixth. Supreme Judicial District. Action by Annie Ward Van Orden and another against Mrs. Hattie Pitts and another. Judgment for plaintiffs was reversed by the Court of Civil Appeals (158 S. W. 1043), and plaintiffs bring error. Mrs. Ann Eliza Morphis died in January, 1896, leaving a will by which she, after providing for the payment of her debts, devised to her grandson, John M. Gardner, her homestead and lot adjoining, $1,000, and certain personal property, and to her niece, Annie Ward, then a child eleven years old (now Annie Ward Van Orden), $500 in…
1Opinion of the CourtMontgomery, P. J.
(after stating the facts as above). The Court of Civil Appeals in its opinion upon rehearing receded from the position that the bequest in the will of John M. Gardner to Mrs. Van Orden of $1,-000 and the payment of same to Mrs. Van Or-den operated as a payment and satisfaction of the amount due her under the will of Mrs. Morphis. The court in its opinion on rehearing in effect holds that the right of Mrs. Van Orden to recover was properly submitted to the jury, and that the charge upon this subject was correct, except in that part wherein it authorized a recovery of interest at 10 per cent.;…
2Cases cited8 opinions
- Kennedy v. BakerTexas Supreme Court · 1883
- Hendrix v. HunnTexas Supreme Court · 1876
- Dodd v. . AndersonNew York Court of Appeals · 1910
- Thomas, Administrator v. HawpeCourt of Appeals of Texas · 1904
- Satterthwaite v. Loomis & McLachlenTexas Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Maxey v. Texas Commerce Bank of LubbockCourt of Appeals of Texas · 1978
- Spencer v. PettitCourt of Appeals of Texas · 1929
- Anderson, Adm'x. Et Vir v. ArmstrongTexas Supreme Court · 1938
- Mecom v. GallagherCourt of Appeals of Texas · 1946
- J. S. D. Langford, Individually and as Trustee of the Dorothy Sue Langford Trust v. C. D. Shamburger, Jr.Court of Appeals for the Fifth Circuit · 1968
13 more not listed; retrieve them via the Exa API.