Littleton v. Giddings
Texas Supreme Court
Appeal from Washington. Tried "below before the Hon. I. B. McFarland. TMs suit was brought in trespass to try title, by J. D. Giddings against one Littleton, for a league of land in Burleson county, on the 23d February, 1857, Littleton being a tenant of the appellant, Tacitus Clay. The latter, under the authority of the statute, (Paschal’s Dig., 5296,) averred his ownership and defended the suit; Clay pleaded general denial and not guilty.
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Appeal from Washington. Tried "below before the Hon. I. B. McFarland. TMs suit was brought in trespass to try title, by J. D. Giddings against one Littleton, for a league of land in Burleson county, on the 23d February, 1857, Littleton being a tenant of the appellant, Tacitus Clay. The latter, under the authority of the statute, (Paschal’s Dig., 5296,) averred his ownership and defended the suit; Clay pleaded general denial and not guilty. Giddings claimed by deed from James Fisher, dated in 1848, and by deed from the heirs of Jane Fisher, of subsequent date, all of which were of record. Clay…
1Opinion of the Court
Roberts, Chief Justice.
It is contended by counsel for appellant, that it was incumbent upon the appellee Gidclings to have shown that the consideration paid by Sutherland to James Eisher for the league of land after the death of his wife, Jane Eisher, was not by Eisher appropriated to the *113payment of the community debts contracted dming the marriage, upon the principle that the children of Jane Fisher, as her heirs, were entitled only to one half of the community estate which might be left after the settlement of all debts and claims against it by the surviving husband. (Jones v. Jones, 15…
2Cases cited5 opinions
- Stramler v. CoeTexas Supreme Court · 1855
- Jones' Adm'r v. JonesTexas Supreme Court · 1855
- Primm v. BartonTexas Supreme Court · 1856
- Good v. CoombsTexas Supreme Court · 1866
- Monroe v. LeighTexas Supreme Court · 1855
3Cited by8 opinions
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- Robert Oil Corporation v. JonesCourt of Appeals of Texas · 1929
- Dodd v. First State Bank & Trust Co. of HollisCourt of Appeals of Texas · 1933
- Lawson v. ArmstrongCourt of Appeals of Texas · 1921
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