Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 137
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1875.] YORK v. CARTWRIGHT. 137
Statement of the case.
This was an action of trespass to try title, brought by
Rebecca York, Robert A. York, Milton G. York, and
Mary York, against Amanda Cartwright, Americus Cartwright,
Leonidas Cartwright, Matthew Cartwright, Anna
Roberts, formerly Anna Cartwright, and her husband,
Ben. Roberts, Mary Ingram, formerly Mary Cartwright,
and her husband, James Ingram, for a league and labor of
land in Henderson county, patented to Aaron York, August
7, 1850. The defendants, Anna Roberts and her husband,
claimed the land and excepted to the petition,
demurring for want of parties, plead limitation and not
The demurrer was sustained and the cause dismissed.
The allegations in the petition are as follows:
"That a patent issued to Aaron York 7th August, 1850,
on a certificate granted to York as a citizen of the republic;
that at the time of the issuance of the certificate he
was the head of a family; had a wife, Ruth York, by
whom he had two children, Milton and Robert York, part
of the plaintiffs in this case; that his wife, Ruth, died in
1849, and before any disposition had been made of the
land; that he married again to Rebecca York, by whom
he had a child, Mary, the other plaintiffs; that said Aaron
York died in San Augustine county in 1855, never having
sold or otherwise disposed of the said land, the same being
community property; that the one-half of said land, being
the portion to which said Ruth York was entitled, descended
to the said Milton and Robert, her children, on
the death of their mother, Ruth, and the other half, the
said Aaron York's part, on his death, descended to the
said Rebecca and Mary, together with said Robert and
Milton. No administration was had on the estate of either
the said Aaron or Ruth York. That said Aaron York had
a permanent, fixed, and notorious residence in the county
of San Augustine from 1835 to the time of his death, and
never lived out of that county, and never was a non-resi
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/145/: accessed April 26, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .