McHugh v. Gallagher
Court of Appeals of Texas
This is an agreed case. The appellants claimed as heirs of Joseph Limerick. The defendant claimed under an instrument executed by Limerick and wife, which was set up in the petition. A demurrer by the defendant was sustained. Plaintiffs declined to amend and judgment was rendered for the defendant; and plaintiffs appealed.
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This is an agreed case. The appellants claimed as heirs of Joseph Limerick. The defendant claimed under an instrument executed by Limerick and wife, which was set up in the petition. A demurrer by the defendant was sustained. Plaintiffs declined to amend and judgment was rendered for the defendant; and plaintiffs appealed. The instrument which was passed upon by the trial court a,nd is discussed on appeal, is as follows: 11 The State of Texas, County of Travis. — This indenture made this the twenty-fourth day of February, A. D. 1887, by and between Joseph Limerick and his wife Elizabeth…
1Opinion of the Court
FISHER, Chief Justice.
This is a suit by appellants as the heirs at law of Joseph Limerick and his wife Elizabeth Limerick, against appellee, to recover certain property described in an instrument set out in plaintiff’s petition, under which they allege the appellee claims title. They declare against this instrument, and say that it conveys no title to Eugene Bremond, the immediate vendor of appellee.
Delivered October 19, 1892.
A demurrer was addressed to the petition, which was sustained by the court, and judgment thereupon rendered, from which this appeal is prosecuted.
The evident reason why…
2Cases cited2 opinions
- Hunt v. WhiteTexas Supreme Court · 1859
- Grimes v. WatkinsTexas Supreme Court · 1883
3Cited by5 opinions
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- Page v. BarnesCourt of Appeals of Texas · 1924