Walker v. Haley
Court of Appeals of Texas
Error from District Court, Morris County; J. A. Ward, Judge. Action by T. J. Walker against Bettie Haley and others. Judgment for defendants, and plaintiff brings error. James C. Walker and Mollie E. Walker were husband and wife. They had no children. Both died intestate; he in January, 1919, and she in September, 1920. Plaintiff in error,. James C. Walker’s nephew, was the plaintiff in the court below.
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Error from District Court, Morris County; J. A. Ward, Judge. Action by T. J. Walker against Bettie Haley and others. Judgment for defendants, and plaintiff brings error. James C. Walker and Mollie E. Walker were husband and wife. They had no children. Both died intestate; he in January, 1919, and she in September, 1920. Plaintiff in error,. James C. Walker’s nephew, was the plaintiff in the court below. His suit was against defendants in error Bettie Haley, Mart Haley, W. D. Haley, Ed Haley, and Webster Haley, hereinafter referred to as defendants, who, he alleged, were the sole heirs of said…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). The assignments attacking the judgment as erroneous because not warranted by the testimony will be sustained.
It appears from the record sent to this court that the judgment is without any evidence whatever to support it, so far as it is in favor of the interveners.
[1, 2] It further appears that the testimony relied on to support the judgment so far as it is in favor of the defendants consists of the part of plaintiff in error’s petition which describes'various tracts of land alleged to have been owned by James O. Walker and his wife, Mollie E. Walker, and…
2Cases cited5 opinions
- Weyman v. City of AtlantaSupreme Court of Georgia · 1905
- Henderson v. DavisCourt of Appeals of Texas · 1917
- Raycraft v. JohnstonCourt of Appeals of Texas · 1906
- Waters v. LewisSupreme Court of Georgia · 1899
- Western Union Telegraph Co. v. PowellCourt of Appeals of Texas · 1909