Legal Opinion

Bradshaw v. Kearby Kearby

Court of Appeals of Texas

Decided May 9, 1914No. 7973PublishedCited by 10 opinions

Appeal from District Court, Taylor County; Thos. L. Blanton, Judge. Action by H. C. Bradshaw and wife against Kearby & Kearby and others. From a judgment for defendants, plaintiffs appeal.

1Opinion of the Court

H. C. and Rosa Bradshaw executed a deed of trust on a house and lot in the town of Potosi to secure Kearby Kearby in the payment of two promissory notes for $250 each signed by H. C. Bradshaw and Rosa Bradshaw. The substitute trustee under the deed of trust sold the property under the terms of that instrument, and Kearby Kearby became the purchasers. This suit was instituted by H. C. and Rosa Bradshaw to set aside that sale and recover the property upon allegations that at the time the deed of trust was executed the property was the homestead of plaintiffs. A trial by the court without the…

2Cases cited4 opinions

  1. Houston East & West Texas Railway Co. v. RunnelsTexas Supreme Court · 1898
  2. Edwards v. YoungbloodCourt of Appeals of Texas · 1913
  3. Frank Heierman & Bro. v. RobinsonCourt of Appeals of Texas · 1901
  4. Smith v. MilamCourt of Appeals of Texas · 1911

3Cited by10 opinions

  1. Riggs v. BalemanCourt of Appeals of Texas · 1917
  2. Cole v. Knights of MacCabees of the WorldCourt of Appeals of Texas · 1916
  3. Gladney v. PateCourt of Appeals of Texas · 1930
  4. Forrest v. MooreCourt of Appeals of Texas · 1929
  5. E. G. Rall Grain Co. v. Burks-Simmons Co.Court of Appeals of Texas · 1914

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