Claiborne v. Tanner
Texas Supreme Court
Error from Travis. Tried below befor the Hon. John Hancock. Suit by defendants in error against the plaintiffs in error to recover six hundred and forty acres of land.
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Error from Travis. Tried below befor the Hon. John Hancock. Suit by defendants in error against the plaintiffs in error to recover six hundred and forty acres of land. The petition alleged that Susan 0. Tanner, the mother of the plaintiffs, died on the--day of-, 184—■, (by amendment afterwards alleged to have been the latter part of the year 1847,) seized and possessed of the land in controversy as her separate property ; that on the 10th day of March, 1843, James Craft had obtained a judgment for $660 13, against Joseph R. Tanner, the husband of Susan C. Tanner, which said judgment remained…
1Opinion of the CourtWheeler, J.
It is not perceived that there is any error in the charge of the Court; or in the refusing of instructions asked by the defendants.
The first and fourth instructions asked were embraced substantially in the charge of the Court. The second, third and sixth, assume that the facts of the'case preclude the right of separate property in the plaintiffs’ ancestor, Mrs. Tanner. We think otherwise; and are of opinion, therefore, that the instructions were rightly refused. The l'emoval of Tanner and wife, with the negro, to this State, was not necessarily an act of adverse holding on the part of the…
2Cited by45 opinions
- Silliman v. GanoTexas Supreme Court · 1897
- Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
- Houston & Texas Central Railroad v. StrycharskiTexas Supreme Court · 1896
- Lloyd v. BrinckTexas Supreme Court · 1872
- Carter v. ConnerTexas Supreme Court · 1883
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