The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-11-02
The Attempted Suicide OF a Young
Woman on East Main Street.
Death OF the FrOhsinn
President.
The Man Cut on the Trunk Road Day
Before Yesterday and Reported
Dead, Still Alive.
Defendant Peak in the Celebrated
Grigsby Case Obtains Verdict
in His Favor.
Other Items Around the City.
The Grigsby Case.

III NllN AlNN Va ~ ~ bAASSbN NN al Vs.
w. II. Bowles ct al, in the district court,
the argument was concluded and verdict
rendered for the defendant. From the
charge ofthe court the question seemed to
be one of limitation only. Our reporter,
however, gives the charge that the HERALD
readers may judge of the points in the
case:
ono :, 962, D. B. Grigsby ct al VS. w. H.
Bowles ct al In the district court, Dallas
county, October term, 1881,
sru sSao ss q 5s 9S jury iyt you tS SFs il?
suit brought by the plaintiffs, d. Il.
Grigsby and Maria Louisa Swindells, her
husband, C. C. Swindells, Joining her,
against w. II. Bowles and large number
of other persons to recover the ID. B. Grigs-
by's three-eighths and Maria Louisa
Swindells' three-eighths undivided
interest in q certain portion of the
league and labor of land in Dallas county,
Texas originally granted to John Grlgsby,
end $40 acres of the Sylvester survey
Jefferson Peak, one of the defendants,
claims that he is the owner of about two
hundred acres out of said league and
labor of land which he fully
described in his trial amendment filed on
the 9th of October, 1881, and disclaims any
interest in any other portion of said lands
and has asked and been granted separate
trial as to the land so claimed by him, and
therefore the only issues submitted for your
determination are the rights of the plain
tifls and Jefferson Peak to the said land de-
scrbed in the said Peaks answer.
"The plaintiffs claim their interest in
said land US the heirs of their mother,
Louisa Edens, formerly Louisa Grigsby.
The plaintiffs claim their interest in said
. HON, - l,,,.
Edens, formerly Louisa Grigsby.
The land in controversy was granted to
John Grigsby during the existence of the
marriage relation between John Grigsby
and his wife. Louisa Grigsby, and was their
common property, and the same was
undisposed Of at the date of the death
of John Grigsby in the year
1871, and at said time the undivided one
half of said land belonged to the heirs of
John Grigsby and the other half to his
widow, Louisa Grigsby, subject only to the
payment of debts contracted by John Grigs-
by during the existence of the marriage.
In the year 1871 administration was opened
on the estate of John Grigsby in Houston
county, Texas, the place of his residence
and death, and during said administration
the said Louisa intermarried with Bates
Edens, and she died in 1913, leaving three
children two of whom are the plaintiffs in
this suit, viz: David b. Grigsby and Maria
Louisa Edens, who were her heirs at law
each inheriting one-thrd of her estate
The administration of John Grigsby's
estate was afterwards removed to Anderson
county Texas. and in the year 1913 the adj
ministratOrs of said estate reported that the
land in controversy in this suit was ready
for partition. None of the land was needed
to pay the debts contracted during the eY-
istence of the marriage relation between
John and Louisa Grigsby, and the undiyid-
ed half of said land was the absolute proper
ty of the heirs of Louisa Edens, deceased
and was not in any way in part of the prop
erty of John Grigsby'S estate, and
you are charged that at the time
said property, was attempted to
John Grigsby the county court of
Anderson county, had no authority to dis
pose of the undivided one-half of said land
belonging to the heirs of Louisa Grigsby,
and the act of said court in making the
partition of said interest is void, and is not
TO be considered by you in your determine
ton of the case. You will, therefore, in
your verdict, find for the plaintiff the in
tereSt in said land as claimed by them, UNI
less you find that their claim is barred by
the statute of limitations, or. that either OF
the parties are prohibited by any acts OF
theirs from now setting up said
claim Maria Louisa Swindclls, one o.
plaintiffs, was married on the 9th of Au-
gust 1859 at which time the law made her
of full age, and the statute of limitations
commenced running against her at said
date, and SO continued to run until the
18th day of August, 1874, the date of the
filing of this suit, except during the period
from the 2Sth OF January, 1861, until the
30th day of March, 1870. IT, therefore, YOU
find that the defendant, Jefferson Peak, had
peaceable and adverse possession of the
land claimed by him using and enjoying the
same, and paying taxes thereon, ifany, and
claiming under deed ordeeds duly registered
for period of five years before the institrl-
ton of said suit, viz On the 18th day OF
August, 1874 excluding, from said computa
ton the period commencing on the 2Sth
day of January 1861 and ending on the 30n
day of March 1870. The plaintiffs Maria
Louisa Swindells, claim is BORED by the stat
ute of limitations,and you will find for the
defendant Jefferson Peak as against them
You are further charged that ifyou be-
lieve from the evidence that Daniel b
Grigsby accepted the portion of land sci
aside to him by the probate court of Amber
son county, in the league and labor of Lar !
originally granted to John Grigsby, al
afterwards conveyed it by deed or dee
referring to such partition as his source o
title he will be included as respects tn,
property embra ced in the partition, anC
you will find for the defendant. jefferson
Peak, against the plaintiff Daniel b. Gri.s
by. A. 8. LArHRor,
Special judge"