Baldridge v. Scott
Texas Supreme Court
Appeal from Washington. Tried below before the Hon, J. B. McFarland. This was a suit of trespass to try title, brought by J. F. Scott and the other children of Mrs. N. C. J. Scott, their mother, to recover a tract of land occupied by the father and mother as a homestead at the time of the mother’s death. The appellant, Baldridge, set up title under a conveyance from Joel Scott, the executor of the will of N. C. J. Scott, and her surviving husband.
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Appeal from Washington. Tried below before the Hon, J. B. McFarland. This was a suit of trespass to try title, brought by J. F. Scott and the other children of Mrs. N. C. J. Scott, their mother, to recover a tract of land occupied by the father and mother as a homestead at the time of the mother’s death. The appellant, Baldridge, set up title under a conveyance from Joel Scott, the executor of the will of N. C. J. Scott, and her surviving husband. It was alleged, in the amended petition, that H. 0. J. Scott resided on the land at the time of her death, and that she owned no other real estate;…
1Opinion of the Court
Roberts, Chief Justice.
In the trial of this case in the District Court, a jury was waived, and, both matters of law and matters of fact being submitted to the judge presiding, judgment was rendered for the plaintiffs, who are appellees in this court.
There is no question but that the land in controversy is the property devised by Mrs. Scott to her children, who are the plaintiffs. Was it her separate property that was so devised ? The evidence showed that the husband, J. J. Scott, having become insolvent in Virginia, his property was sold; and that some of the negroes that were sold were…
2Cases cited16 opinions
- Hall v. JacksonTexas Supreme Court · 1848
- Denison v. LeagueTexas Supreme Court · 1856
- Jernigan v. WainerTexas Supreme Court · 1854
- Smith v. StrahanTexas Supreme Court · 1856
- O'Connell v. StateTexas Supreme Court · 1857
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Houston & T. C. R. Co. v. GrayCourt of Appeals of Texas · 1911
- Cummins v. CumminsCourt of Appeals of Texas · 1920
- Tison v. GassCourt of Appeals of Texas · 1907
- Strnad v. StrnadCourt of Appeals of Texas · 1902
- W. C. Belcher Land Mortgage Co. v. BarfieldCourt of Appeals of Texas · 1922
5 more not listed; retrieve them via the Exa API.