Legal Opinion

Kirby Lumber Co. v. Smith

Court of Appeals of Texas

Decided January 13, 1916No. 82Published

Error from District Court, Shelby County; W. C. Buford, Judge. Action by G. S. Smith, and another against the Ivirby Lumber Company. Judgment for plaintiffs, and defendant brings error.

1Opinion

On the Merits.

This suit was instituted in the district court of Shelby county, Tex., by 6. S. and C. C. Smith, as plaintiffs, against the Kirby Lumber Company, as defendant, in trespass to try title to a tract of 125 acres of land in Shelby county, Tex., patented by the state of Texas to W. J. Ragland, as the as-signee of James M. Smith. The plaintiffs specially pleaded their title in substance as follows: They claimed they were the only heirs at law of their mother, Barbara Smith, who died intestate; that the tract of land in controversy was the community homestead of their father, James M.…

2Cases cited14 opinions

  1. Johnson v. NewmanTexas Supreme Court · 1875
  2. Hill v. MooreTexas Supreme Court · 1892
  3. San Antonio & Aransas Pass Railway Co. v. HoldenTexas Supreme Court · 1900
  4. Durst v. DaughertyTexas Supreme Court · 1891
  5. Crenshaw v. HempelCourt of Appeals of Texas · 1910

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