Johnson v. Burford
Texas Supreme Court
Appeal from Jefferson. Tried below before the Hon. Wm. Chambers. Appellee, Thomas R. Burford, brought trespass to try title against Joseph and Ben. Johnson, for sixty acres of land, part of the homestead of John McGraffey, deceased, and which land, in partition of said estate, had been set apart to Sarah McGraffey. Burford claimed by deed from Ben. Johnson to John Stamps; James O. Stamps, administrator of John Stamps, to E. F. Ewing, and from Ewing to plaintiff.
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Appeal from Jefferson. Tried below before the Hon. Wm. Chambers. Appellee, Thomas R. Burford, brought trespass to try title against Joseph and Ben. Johnson, for sixty acres of land, part of the homestead of John McGraffey, deceased, and which land, in partition of said estate, had been set apart to Sarah McGraffey. Burford claimed by deed from Ben. Johnson to John Stamps; James O. Stamps, administrator of John Stamps, to E. F. Ewing, and from Ewing to plaintiff. Defendants pleaded not guilty; that they were the sons and heirs of Rachel Johnson, who died thirteenth of August, 1856; that the…
1Opinion of the CourtWalker, J.
Thos. R. Burford brought this action to recover possession of sixty acres of land which the appellants claim by descent from their mother, Rachel Johnson, who was the wife of Benjamin Johnson, Sr.
Mrs. Johnson died on the 13th of August, 1856, thirteen days before the passage of the act authorizing the surviving partner to file an inventory and sell and administer community property.
The rights of the appellants are not affected by this act if the land in controversy is to be regarded as community property, which is a contested point in-this case. (See Magee & Gogle v. Rice et al., May 6, 1872,…
2Cases cited1 opinion
- Higgins v. Emily Johnson's HeirsTexas Supreme Court · 1857
3Cited by5 opinions
- Yake v. PughWashington Supreme Court · 1895
- Pottorff v. J. D. Adams Co.Court of Appeals of Texas · 1934
- Messimer v. EcholsCourt of Appeals of Texas · 1917
- Broussard v. TianCourt of Appeals of Texas · 1956
- In re Estate of Foster, Superior Court of California, County of San Francisco1909