Legal Opinion

Bell v. Schwarz

Texas Supreme Court

Decided March 7, 1882No. Case No. 455PublishedCited by 10 opinions

Appeal from Austin. Tried below before the Hon. Livingston Lindsay. This was an action of trespass to try title, commenced June 26, 1871. The plaintiffs were John G. Bell, guardian' of the minors Daniel and Theodore Gross, and William S. Wright, guardian of the minor Mary Cross. These minors were the children of Lucy and Horace Cross, deceased.

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Appeal from Austin. Tried below before the Hon. Livingston Lindsay. This was an action of trespass to try title, commenced June 26, 1871. The plaintiffs were John G. Bell, guardian' of the minors Daniel and Theodore Gross, and William S. Wright, guardian of the minor Mary Cross. These minors were the children of Lucy and Horace Cross, deceased. Lucy died in September, 1867, and Horace in December, 1869. The land in dispute consisted of several lots in the town of Hempstead, and were the homestead of Lucy and Horace Cross. September 1, 1869, the father conveyed this property to appellee by…

1Opinion of the Court

Delany, J. Com. App.

The assignments of error in this case relate to the admission of evidence over the' objections of appellants, of the charge of the court, the refusal of charges asked by appellants, and the overruling of the motion for a new trial. The property had been the homestead of the parents and of the appellants in this cause, and we are to consider: First, whether the surviving father had the legal right to convey to appellee ? Second, are the appellants estopped to deny his title %

It has long been settled in this state that the interests of the husband and wife in the community…

2Cases cited5 opinions

  1. Veramendi v. HutchinsTexas Supreme Court · 1878
  2. Thompson v. CraggTexas Supreme Court · 1859
  3. Wright v. DohertyTexas Supreme Court · 1878
  4. Yancy v. BatteTexas Supreme Court · 1877
  5. State v. LewellynTexas Supreme Court · 1860

3Cited by10 opinions

  1. Parker v. SchrimsherCourt of Appeals of Texas · 1914
  2. Lincoln v. BennettTexas Supreme Court · 1941
  3. Munk v. WeidnerCourt of Appeals of Texas · 1895
  4. Ogden v. Leland UniversitySupreme Court of Louisiana · 1896
  5. Snell v. HamCourt of Appeals of Texas · 1912

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