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20 Tex. 81

Owen v. Shaw

Texas Supreme Court

Decided July 1, 1857

Texas Supreme Court · decided 1857-07-01

Error from Travis. Tried below before the Hon. Edward H, Voutress. Action of trespass to try title, commenced in Williamson county, Oct. 17th, 1855, by William E. Owen and Eliza Ann Owen, his wife, to recover of defendants the east half of a league of land in Williamson county. The plaintiffs claimed as sole heir of Sherrod J. Dover, who died in 1835, and by patent to the heirs of said deceased.

Cited by 4 later decisions — most recently March 1938

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

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Wheeler, J.

¶1That the decree of the District Court of Bastrop county, if valid, conclusively determined the estate of the plaintiff, Mrs. Owen, in the land in controversy, is settled by the decision of this Court in the case of Shannon v. Taylor. (16 Tex. R. 413.) But it is objected that the decree was void for the want of jurisdiction over the person of the defendant *89therein. It, however, appears by the record of that judgment, that the defendant acknowledged service ; and further that the parties appeared and “ submitted their case to the Court.” This must be deemed an answer to the objection.

¶2The title was issued to the heirs of Dover; the plaintiff took, and now claims as heir; she was represented in the suit by her guardian, whose authority has not been denied; the decree disposes of her title, and she is certainly concluded by it. The judgment is affirmed.

¶3Judgment affirmed.

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