Lott v. Kaiser
Texas Supreme Court
Appeal from Bosque. Tried below before the Hon. Jo Abbott. Suit in trespass to try title by plaintiffs, Frances C. Kaiser and Elizabeth F. Sibley, joined by their husbands, against M. Dicas, J. K. Montgomery, (L O. Wood, A. Lott, Jr., and Ida Ellen Lott, the latter being a minor, for the recovery of two tracts of land in Bosque county, for partition of the same between the plaintiffs Frances 0. Kaiser, Elizabeth F. Sibley and the minor defendant Ida E. Lott, and for the…
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Appeal from Bosque. Tried below before the Hon. Jo Abbott. Suit in trespass to try title by plaintiffs, Frances C. Kaiser and Elizabeth F. Sibley, joined by their husbands, against M. Dicas, J. K. Montgomery, (L O. Wood, A. Lott, Jr., and Ida Ellen Lott, the latter being a minor, for the recovery of two tracts of land in Bosque county, for partition of the same between the plaintiffs Frances 0. Kaiser, Elizabeth F. Sibley and the minor defendant Ida E. Lott, and for the recovery of rents against the defendants except the minor. The petition alleged that the defendant A. Lott, Jr., by deed…
1Opinion of the Court
Stayton, Associate Justice.—
The deed by which A. Lott, Jr., conveyed the two tracts of land in controversy to his daughters, Frances, Elizabeth and Ida, purports to have been made in consideration of the natural love and affection borne to them by their father, the grantor; in terms it is '.absolute, purports to convey in presentí, and contains no reservation or exception whatever.
The law presumes a deed made upon such a consideration, and purporting to be a gift by a father to his children, to be an advancement.
The deed, is conclusively presumed, in the absence of accident, mistake or fraud,…
2Cases cited3 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Frakes v. BrownIndiana Supreme Court · 1830
- Reeves v. BassTexas Supreme Court · 1873
3Cited by63 opinions
- Ex Parte DavisTexas Supreme Court · 1908
- Henry S. Miller Company v. EvansTexas Supreme Court · 1970
- Ramey v. AllisonTexas Supreme Court · 1885
- McCartney v. McCartneyTexas Supreme Court · 1900
- Rivera v. White, GuardianTexas Supreme Court · 1901
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