# Magnolia Petroleum Co. v. Jackson

> Court of Appeals of Texas · May 9, 1935 · 82 S.W.2d 1011

URL: https://www.frixlaw.com/law-library/cases/9832677

## Case

- **Full name:** MAGNOLIA PETROLEUM CO. Et Al. v. JACKSON Et Al.
- **Court:** Court of Appeals of Texas
- **Decided:** May 9, 1935
- **Citations:** 82 S.W.2d 1011; 1935 Tex. App. LEXIS 514
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Higgins
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9832677

## Opinion text

On Rehearing.
In motion for rehearing appellees cite’ Brown v. Clark, 102 Tex. 323 , 116 S. W. 360 , 24 L. R. A. (N. S.) 670, in support of the view that the action of the superior church authorities of the Methodist Episcopal Church South in recognizing Fair Chapel Church as the successor of Marvin’s Chapel Church is conclusive and binding upon the courts.
In the case cited the evidence upon the issue was fully developed. In the present case the evidence of such recognition by the higher church authorities is very meager. As stated in the main opinion, such recognition is inferable, but it does not necessarily follow. Furthermore, in Brown v. Clark the evidence was fully developed showing the jurisdiction and authority of the General Assembly of the Presbyterian Church over the issue in controversy. Such is not the case here. Upon retrial, evidence perhaps may be produced conclusively showing such recognition by the higher tribunals of the Metho *1017 dist Church and their authority to decide the issue here involved so as to bring the case within the ruling in the case cited. The present record is insufficient for such purpose.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9832677. Public record. Not legal advice.
