Stone v. Ellis
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. Appellees who were plaintiffs below, alleged in substance that defendants were the heirs at law, children and descendants of Jesse Russell, deceased. That Jesse Russell acquired a headright for a league and labor of land issued by the Board of Land Commissioners in 1838, by the commissioners of Sabine county; that it had been lost or mislaid; that in 1850, Wm.
Read the full summary
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. Appellees who were plaintiffs below, alleged in substance that defendants were the heirs at law, children and descendants of Jesse Russell, deceased. That Jesse Russell acquired a headright for a league and labor of land issued by the Board of Land Commissioners in 1838, by the commissioners of Sabine county; that it had been lost or mislaid; that in 1850, Wm. Russell having died, Mrs. Jane Russell, who had intermarried with H. H. Hill, she being widow of Jesse Russell, and the certificate being community property, administered on…
1Opinion of the Court
Collard, Judge.
It is contended by the appellees that Mrs. Hill, after the death of Jesse Bussell, her former husband, leaving her and the four minor children surviving him, had the power to make the contract for the location of the certificate. The charge of the court submits that view of the case as the law, and the jury are told that, if the contract was advantageous to the estate of the minors, was reasonable and fair, that it was valid and would bind their interests in the land. When Jesse Bussell died, his estate, being community between himself and wife, vested immediately in his heirs,…
2Cases cited9 opinions
- Veramendi v. HutchinsTexas Supreme Court · 1878
- Thompson v. CraggTexas Supreme Court · 1859
- Johnson v. HarrisonTexas Supreme Court · 1877
- Good v. CoombsTexas Supreme Court · 1866
- Mitchell v. De WittTexas Supreme Court · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Grebe v. First State Bank of BishopTexas Supreme Court · 1941
- Bennett v. Virginia Ranch, Land, & Cattle Co.Court of Appeals of Texas · 1892
- Ellis v. Le BowCourt of Appeals of Texas · 1902
- Goode v. JasperTexas Supreme Court · 1888
- Casey v. Texarkana & Ft. S. Ry. Co.Court of Appeals of Texas · 1912
2 more not listed; retrieve them via the Exa API.