Legal Opinion

Keyser v. Pilgrim

Texas Supreme Court

Decided October 15, 1860PublishedCited by 1 opinion

Error from Gonzales. The case was tried before Hon. Fielding Jones, one of the district judges. The proceeding was, under the act of the 18th March, 1848, to establish the mode of trying the right of property levied on under writs of execution. (Paschal’s Dig., Art. 5310 to 5319, Hotes 1155 to 1161.) The issue was made up, and the judgment against the husband, execution, and lefy were proven.

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Error from Gonzales. The case was tried before Hon. Fielding Jones, one of the district judges. The proceeding was, under the act of the 18th March, 1848, to establish the mode of trying the right of property levied on under writs of execution. (Paschal’s Dig., Art. 5310 to 5319, Hotes 1155 to 1161.) The issue was made up, and the judgment against the husband, execution, and lefy were proven. As the whole case turned upon the facts and the instructions of the court, they are printed, so that the exact value of the precedent may be seen. The issue being made up,«the court decided, after…

1Opinion of the CourtBell, J.

—The evidence shows very clearly, that the plaintiff in error was married in the State of Tennessee, and that she and her husband both resided in the State of Tennessee at the time of their marriage. There is no evidence that the marriage was contracted in view of a removal to the State of Kentucky, and residence in that State. The marital rights of the plaintiff in error and her husband, in respect to the negro girl which descended to the plaintiff in error from her father’s estate, in the State of Tennessee, depended, therefore, upon the laws of Tennessee, and not upon the laws of Kentucky,…

2Cited by1 opinion

  1. Dodd v. First State Bank & Trust Co. of HollisCourt of Appeals of Texas · 1933

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