Rogers v. Trevathan
Texas Supreme Court
Appeal from Trinity. Tried below before the Hon. Norman G. Kittrell. In this case the cause was submitted to the presiding judge, without the intervention of a jury, who found the following conclusions of fact and law: Conclusion upon the facts: “First.
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Appeal from Trinity. Tried below before the Hon. Norman G. Kittrell. In this case the cause was submitted to the presiding judge, without the intervention of a jury, who found the following conclusions of fact and law: Conclusion upon the facts: “First. That John C. Gallion owned six hundred and forty acres of land in Trinity county, Texas—three hundred and twenty granted to him by the State as assignee of John Conklin, and three hundred and twenty as the assignee of T. L. Trevathan. This fact was proved by oral evidence, without objection, and it was also shown that the parties plaintiff and…
1Opinion of the Court
Stayton Associate Justice.
The trial court found that the property in controversy was of the community estate of John C. and Sarah Gallion, that the former died testate in the year 1852, and that by the terms of his will the appellee was to have the land in controversy after the death of her mother. It was further found that Mrs. Gallion recognized the will and consented to take under it, and that all the beneficiaries under it did the same. The records of the county court having been destroyed by fire, the court also found that the acts of the parties in interest under it, in connection with…
2Cited by32 opinions
- Dakan v. DakanTexas Supreme Court · 1935
- Wright v. WrightTexas Supreme Court · 1955
- Avery v. JohnsonTexas Supreme Court · 1917
- Dunn v. VinyardTexas Commission of Appeals · 1923
- Commissioner of Internal Revenue v. Chase Manhattan BankCourt of Appeals for the Fifth Circuit · 1958
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