Childress v. Grim
Texas Supreme Court
Error from Guadalupe. Tried below before J. F. Miller, Esq., special judge. Suit filed October 17, 1871, by plaintiffs in error, Mary M. Childress, joined by her husband, James Childress, and Elenora Herndon, joined by her husband, J. C. Herndon, to recover of defendant in error a half interest in a tract of one hundred acres of land in Guadalupe county, and for partition.
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Error from Guadalupe. Tried below before J. F. Miller, Esq., special judge. Suit filed October 17, 1871, by plaintiffs in error, Mary M. Childress, joined by her husband, James Childress, and Elenora Herndon, joined by her husband, J. C. Herndon, to recover of defendant in error a half interest in a tract of one hundred acres of land in Guadalupe county, and for partition. December 10, 1871, defendant answered by a ge neral denial, plea of the statute of limitations of three years, and further pleaded res adjudieata. Plaintiffs were the children of Emily C. and Joseph M. Brown, both deceased,…
1Opinion of the Court
Delaney, J. Com. App.
The charge of the court is too long to be copied into this opinion. It presents to the jury every phase of the case as it appears in the pleading and evidence. The assignments of error, nine in number, relate mainly to the charge of the court, and point out very clearly several parts of it which appellants regard as erroneous. The first assignment, however, relates to the action of the presiding judge in declining to sit in the case. We *58do not think this assignment well taken. The judge had been of counsel for some of these plaintiffs (or for parties whose interest some…
2Cases cited2 opinions
- Veramendi v. HutchinsTexas Supreme Court · 1878
- Hughes v. LaneTexas Supreme Court · 1860
3Cited by9 opinions
- Callan v. WaltersCourt of Appeals of Texas · 1916
- Hardin v. HardinCourt of Appeals of Texas · 1927
- Herndon v. J. T. Robison Commissioner of General Land OfficeTexas Supreme Court · 1925
- Evans v. RutherfordIndiana Court of Appeals · 1921
- Lewis v. TerrellCourt of Appeals of Texas · 1894
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