Legal Opinion

Slavin v. Wheeler

Texas Supreme Court

Decided May 30, 1884No. Case No. 5092PublishedCited by 22 opinions

Appeal from Grayson. Tried below before the Hon. Richard Máltbie. Appellant, Elizabeth Slavin, the wife of J.- B. Slavin, instituted this suit of trespass, to try title and for damages against J. B. Slavin and Jube "Wheeler, on the 15th day of February, 1881. Wheeler filed his amended original answer of general denial, plea of not guilty, stale demand and improvements made in good faith.

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Appeal from Grayson. Tried below before the Hon. Richard Máltbie. Appellant, Elizabeth Slavin, the wife of J.- B. Slavin, instituted this suit of trespass, to try title and for damages against J. B. Slavin and Jube "Wheeler, on the 15th day of February, 1881. Wheeler filed his amended original answer of general denial, plea of not guilty, stale demand and improvements made in good faith. All claimed through Pringle as the common source; the appellant by bond for title and by deed from Pringle to her husband, J. B. Slavin, one of the defendants; Wheeler claimed by bond for title from J. B.…

1Opinion of the Court

Stayton, Associate Justice.—

It appears that sometime prior to the 1st day of May, 1863, J. B. Slavin and his wife, who is the appellant, lived on the land in controversy, but that prior to the date mentioned they had ceased to live on the land and were living in the town of Macomb, on a place which was probably the community property of Slavin and wife.

While they were living in Macomb, on May 1, 1863, Slavin sold the land in controversy to Thornton, under whom the appellee holds. Thornton paid for the land, and, according to the testimony of Slavin as of others, the bond for title made to…

2Cases cited5 opinions

  1. Woolfolk v. RickettsTexas Supreme Court · 1877
  2. Stewart v. MackeyTexas Supreme Court · 1856
  3. Smith v. UzzellTexas Supreme Court · 1882
  4. Rogers' administrator v. RaglandTexas Supreme Court · 1874
  5. Holliman v. SmithTexas Supreme Court · 1873

3Cited by22 opinions

  1. Hudgins v. ThompsonTexas Supreme Court · 1919
  2. Marler v. HandyTexas Supreme Court · 1895
  3. Parker v. SchrimsherCourt of Appeals of Texas · 1914
  4. Weaver v. NugentTexas Supreme Court · 1888
  5. Hinton v. Uvalde Paving Co.Court of Appeals of Texas · 1934

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