Nichols v. Schmittou
Texas Supreme Court
Error to the Court of Civil Appeals, Seventh District, in an appeal from Clay County. Mchols sued Dunham and others for partition of land. Mrs. Schmittou was impleaded and appealed from the judgment of partition. On reversal and remand Mchols obtained writ of error.
1Opinion of the CourtJustice Phillips
The suit was instituted by the plaintiff: in error, Nichols, against Joseph Dunham and Henrietta Dunham, minors, to partition a tract of land of two hundred and twenty-one acres, approximately, in which he claimed to own an undivided three-fourths interest. The minor defendants in their pleading asserted their ownership of the remaining one-fourth interest in the tract, and impleaded the defendant in- error, Mrs. Schmittou, alleging that they were the owners of an undivided one-fourth interest in certain lands comprising one hundred and seventy acres claimed by her, praying for a partition of…
2Cases cited5 opinions
- Garrett v. ChristopherTexas Supreme Court · 1889
- Lindsay v. FreemanTexas Supreme Court · 1892
- Abernathy v. StoneTexas Supreme Court · 1891
- White and Newman v. FrankTexas Supreme Court · 1897
- Moore v. SwiftCourt of Appeals of Texas · 1902
3Cited by6 opinions
- Burns v. GoodrichTexas Supreme Court · 1965
- Roswurm v. Sinclair Prairie Oil Co.Court of Appeals of Texas · 1944
- Gulf Oil Corporation v. Shell Oil CompanyCourt of Appeals of Texas · 1966
- Guthrie v. GossettCourt of Appeals of Texas · 1940
- Burns v. GoodrichTexas Supreme Court · 1965
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