Shelton v. Paul

• Citation: 27 S.W. 172
• Parties: SHELTON et al. v. PAUL.
• Decision Date: 30 May 1894
• Court: Court of Appeals of Texas

27 S.W. 172

SHELTON et al. v. PAUL.

Court of Civil Appeals of Texas.

May 30, 1894.

Appeal from district court, Childress county; G. A. Brown, Judge.

Action by Menzo Shelton and others against Max Paul to recover certain lands. There was a judgment for defendant, and plaintiffs appeal. Reversed.

L. C. Barrett, for appellants.

Reasons for Reversal.

STEPHENS, J.

On the 18th day of October, 1890, appellants brought this suit, as the heirs of William Shelton, deceased, to recover 1,920 acres of land patented to said Shelton. Appellee founded his claim to the land upon a conveyance from one Lewis Shelton and Jane Burrows, who claimed in opposition to appellants as the true heirs. This claim was supported by the depositions of Lewis Shelton and his wife, Nancy, taken about 20 days before the trial, — November 21, 1892. The William Shelton under whom both parties claim fell with Fannin at Goliad, and the controverted issues of fact upon the question of heirship extended back to that early period. These depositions of Lewis and Nancy Shelton tended to prove that Lewis was the brother of William Shelton, the original grantee, and to that extent contradicted in a vital point the testimony of appellants. In order to trace their history, and determine the question of identity involved, appellants propounded to them a number of cross interrogatories, substantially as follows: To Lewis Shelton: "Name each place you have lived since you were fifteen years old, and the occupation you have followed at each place, and give the names and post-office addresses at each place where you have lived since you were fifteen years old of three persons that knew you and are now living," — to which he answered that he followed any occupation he could get an honest living out of, and that he never thought it necessary to keep an account of the post offices where he had lived during life, etc. To similar cross interrogatories, Nancy answered that it was nobody's business, and declined to give any of the information sought, but stated that she had resided at Austin, Nile, Lilack, and many other places. Lewis Shelton also gave the names of a few persons at Austin and other places in Texas, by whom he stated that his character could be proven. These depositions contained many objectionable conclusions, to the effect that Lewis Shelton was the brother of the William Shelton to whom the bounty-warrant certificate was issued, and the like. The motion of appellants, made and...