Aycock v. Kimbrough
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. B. W. Rimes. ' This suit grew out of the following state of facts; Henry Morris died in August, 1877, in Falls county, not indebted and intestate, leaving as his heirs Mrs. Perkins, Mrs. Price and Mrs. Kimbrough, all married, and two sons, A. P„ and J. E. Morris. Henry Morris left two town lots in Marlin, upon one of which he had his homestead, and one hundred acres of land near by in the country.
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Appeal from Falls. Tried below before the Hon. B. W. Rimes. ' This suit grew out of the following state of facts; Henry Morris died in August, 1877, in Falls county, not indebted and intestate, leaving as his heirs Mrs. Perkins, Mrs. Price and Mrs. Kimbrough, all married, and two sons, A. P„ and J. E. Morris. Henry Morris left two town lots in Marlin, upon one of which he had his homestead, and one hundred acres of land near by in the country. On November 14, 1873, appellant recovered a judgment against A. P. Morris for one hundred and fifty-six dollars; execution issued within the year; the…
1Opinion of the Court
Maltbie, Judge.
It is insisted that the court erred in not sustaining Aycock’s general demurrer to the defendant A. P. Morris’s answer—said answer asserting that the one hundred, acres of land had been allotted to Mrs. Perkins, Kimbrough and Price in a parol partition of George Morris’s estate among his heirs, in the year 1877, the two former being married women. It has been long settled that a parol partition of lands among joint owners or tenants in common is not within the statute of frauds. (Houston v. Sneed, 15 Texas, 309; George v. Thomas, 16 Texas, 89; Stewart v. Baker, 17 Texas, 419.)…
2Cases cited3 opinions
- George v. ThomasTexas Supreme Court · 1856
- Houston v. SneedTexas Supreme Court · 1855
- Stuart v. BakerTexas Supreme Court · 1856
3Cited by20 opinions
- Larrabee v. PorterCourt of Appeals of Texas · 1914
- Townes v. Lattimore Dist. JudgeTexas Supreme Court · 1925
- Houston Oil Co. v. KirkindallTexas Supreme Court · 1941
- Jones v. StateTexas Commission of Appeals · 1928
- Wilson v. BeckCourt of Appeals of Texas · 1926
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