Paul v. Willis
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. W. A. Blackburn. This is a suit of trespass to try title which was instituted by Catherine A. Willis, and others (who are admitted to be the heirs of Matthew Byrne, deceased, who was killed at the maesaere at Goliad in March, 1836,) in the district court of Bell county, Texas, on December 8, 1883, against J. T. Alexander and others, for one thousand two hundred and eighty acres of land in Bell and Falls counties, Texas, patented…
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Appeal from Bell. Tried below before the Hon. W. A. Blackburn. This is a suit of trespass to try title which was instituted by Catherine A. Willis, and others (who are admitted to be the heirs of Matthew Byrne, deceased, who was killed at the maesaere at Goliad in March, 1836,) in the district court of Bell county, Texas, on December 8, 1883, against J. T. Alexander and others, for one thousand two hundred and eighty acres of land in Bell and Falls counties, Texas, patented to heirs of Mathew Byrne, deceased, which is described as on waters of Pond creek, about-fourteen miles west southwest…
1Opinion of the Court
Collaed, Judge.
It was shown that ten years had expired after Mathew Byrne fell at Goliad before there was any administration taken out upon his estate, and then the administration was opened in Galveston county by the petition of John Byrne, brother of deceased, which alleged no fact showing any necessity for an administration. All debts were presumed to have been paid, and none are shown to exist; the estate of which decedent died possessed and all to which he was entitled had long since vested in his heirs. Certainly after Byrne had been dead for so great a lapse of time no legal…
2Cases cited2 opinions
- Wardrup v. JonesTexas Supreme Court · 1859
- Hurt v. HortonTexas Supreme Court · 1854
3Cited by19 opinions
- Jones v. Sun Oil Co.Texas Supreme Court · 1941
- Ritchie v. SayersU.S. Circuit Court for the District of West Virginia · 1900
- Donias v. QuinteroCourt of Appeals of Texas · 1949
- Askew v. RountreeCourt of Appeals of Texas · 1938
- Cowan v. State Ex Rel. ScherckWyoming Supreme Court · 1941
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