Moreland v. Barnhart
Texas Supreme Court
Appeal from Cass. Tried below before the Hon. James H. Rogers. February 4, 1873, Jeremiah Moreland brought trespass to try title against H. Barnhart, to recover a tract of 242 acres of land.
Read the full summary
Appeal from Cass. Tried below before the Hon. James H. Rogers. February 4, 1873, Jeremiah Moreland brought trespass to try title against H. Barnhart, to recover a tract of 242 acres of land. Plaintiff set up title deed for the land from S. J. Round-tree to Thomas H. Roundtree, of date September 3, 1867 ; from Thomas H. Roundtree and wife to Isaac H. Betts, of date 17 March, 1870; from Betts and wife to plaintiff, of date 16 June, 1870. April 4, 1873, Barnhart disclaimed and pleaded not guilty. Leave was given Sallie V. Roundtree, the widow of Thomas H. Roundtree, and their children, to…
1Opinion of the Court
Reeves, Associate Justice.
It appears from appellant’s bill of exceptions taken on the trial of this cause that Sallie V. Roundtree, one of the appellees, was permitted to prove over appellant’s objection that the deed from Thomas H. Roundtree and wife to Isaac H. Betts for the land in controversy was a mortgage as intended and agreed by the parties, and not an absolute deed of conveyance. Appellant objected to this evidence, because the appellees had not charged in their answers that he had purchased with notice that the conveyance was a mortgage.
Appellant having averred in his amended…
2Cases cited10 opinions
- Franklin v. CoffeeTexas Supreme Court · 1857
- Duty v. GrahamTexas Supreme Court · 1854
- Mead v. RandolphTexas Supreme Court · 1852
- Miller v. ThatcherTexas Supreme Court · 1853
- Grooms v. RustTexas Supreme Court · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Carl v. SettegastTexas Commission of Appeals · 1922
- Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889
- Miller v. YturriaTexas Supreme Court · 1888
- Andrews Et Ux. v. SEC. Bank of W. F.Texas Supreme Court · 1932
- Reinhardt v. NehringTexas Commission of Appeals · 1927
25 more not listed; retrieve them via the Exa API.