Legal Opinion

Smith v. McDowell

Court of Appeals of Texas

Decided March 18, 1922No. 8639PublishedCited by 3 opinions

Appeal from District Court, Dallas County; Kenneth Force, Judge. Action by Opal L. McDowell and others against A. B. Smith- and others. Judgment for plaintiffs, and defendants appeal.

1Opinion of the Court

This is an appeal from a judgment decreeing title to certain property to be in appellee Opal L. McDowell as the sole heir of Mrs. Lydia J. Clair, deceased, who died intestate as to the property affected by the decree. Appellee's claim to the property rests upon the assertion that she is the daughter of Mrs. Clair and her only child and heir. Appellants deny that appellee is the surviving daughter of Mrs. Clair, and, as the latter's collateral kin, assert title in themselves by lawful inheritance as her surviving heirs.

The case thus presents but one principal question for determination, and it…

2Cases cited2 opinions

  1. Gorham v. SettegastCourt of Appeals of Texas · 1906
  2. Wiess v. HallCourt of Appeals of Texas · 1911

3Cited by3 opinions

  1. United States v. Mid-Continent Petroleum CorporationCourt of Appeals for the Tenth Circuit · 1933
  2. Jones v. DavisCourt of Appeals of Texas · 1981
  3. Norwich Union Indemnity Co. v. RollinsCourt of Appeals of Texas · 1928

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