Oldham v. McIver

Citations

• 49 Tex. 556

Syllabus

<p>1. Marriage between black and white races forbidden.— The laws of Texas forbidding the intermarriage of the white and black races, such marriage will not be presumed from the cohabitation, as man and wife, of a white man with a mulatto woman, from 1837 until his death, in 1868.</p> <p>2. Overruled.—Honey v. Clark, 37 Tex., 705, overruled.</p> <p>3. Res adjudicata.—To determine the effect of an adjudication pleaded in bar in another suit, it is necessary and proper to look into the pleadings and the judgment rendered in the former suit, to ascertain ttie manner in which it was tried, and the issues determined.</p> <p>4. Effect of certiorari—Res adjudicata.—In an injunction suit brought by tenants holding the homestead under a lease from the administrator, and against parties to whom, as widow and children of the deceased, the homestead and exempt property had been set apart by the Probate Court, a decree was rendered upon the rent contract, and the order of the County Court setting apart the homestead, and the further Andina: of the jury as to the rental value of the homestead during the term, directing that at the expiration of the lease the homestead should be turned over to the so-called widow and children : Held, That such decree could not be pleaded in bar in an appeal from the original order of the Probate Court, setting aside the homestead, taken by certiorari to the District Court.</p> <p>5. Res adjudicata—Matter in issue.—In such injunction suit, the matter in issue, was whether or not the order of the County Court was in force. The matter in issue in the appeal, is whether it should remain in force upon a revision of it by the District Court, acting in the nature of an .appellate tribunal, to try its validity in a trial de novo.</p> <p>6. Same—Practice.—Where it is doubtful, from the face of the record of the pleadings and judgment in the judgment interposed, what was the true issue, it is competent to resort to evidence aliunde to ascertain if.</p> <p>7