Bishop v. Lusk
Court of Appeals of Texas
Appeal from Henderson. Tried below before Hon. W. Q. Reeves. The bare contingent possessory right held on the land in controversy by W. M. Sloan and his first wife at the time of her death was not title in esse nor in embryo, and any acquisition of right or title made by W. M. Sloan after his marriage to his second wife, whether by purchase from S. B. Lusk or by limitation, or by buying back in compromise the bare right to prescribe by and under the laws of- limitation, and…
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Appeal from Henderson. Tried below before Hon. W. Q. Reeves. The bare contingent possessory right held on the land in controversy by W. M. Sloan and his first wife at the time of her death was not title in esse nor in embryo, and any acquisition of right or title made by W. M. Sloan after his marriage to his second wife, whether by purchase from S. B. Lusk or by limitation, or by buying back in compromise the bare right to prescribe by and under the laws of- limitation, and whether such right has yet ripened into title, the land was not then, is not now, nor ever can be, community property of…
1Opinion of the Court
FINLEY, Associate Justice.
This is a suit of trespass to try title to 320 acres of land, situated in Henderson County, and for recovery of rents, etc.
Appellant claims title under AY. M. Sloan, through purchase at administrator’s sale; while appellees claim as heirs of Mrs. AY. M. Sloan, their grandmother.
The court below found that the land in controversy was the community property of AY. M. Sloan and his first wife; that appellees are the grandchildren and heirs of this marriage, and as such, are entitled to the community interest of their grandmother. The question whether this was the…
2Cases cited5 opinions
- Craig v. CartwrightTexas Supreme Court · 1886
- Akin v. JeffersonTexas Supreme Court · 1885
- Charle v. SaffoldTexas Supreme Court · 1854
- Walters v. JewettTexas Supreme Court · 1866
- Webb v. WebbTexas Supreme Court · 1855
3Cited by15 opinions
- Hutto v. CookTexas Supreme Court · 1942
- Sauvage v. WauhopCourt of Appeals of Texas · 1912
- Brown v. Foster Lumber Co.Court of Appeals of Texas · 1915
- Gafford v. FosterCourt of Appeals of Texas · 1904
- Cook v. Houston Oil Co. of TexasCourt of Appeals of Texas · 1913
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