John T. Hardie & Co. v. Campbell
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. On January 23, 1882, appellees brought this suit against appellants to restrain the prosecution of a case of forcible detainer, wherein they claimed that it was sought to recover their homestead.
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Appeal from McLennan. Tried below before the Hon. B. W. Rimes. On January 23, 1882, appellees brought this suit against appellants to restrain the prosecution of a case of forcible detainer, wherein they claimed that it was sought to recover their homestead. Also to cancel a deed from appellees to appellants, dated June 10, 1880, for the property, on the ground that it was a pretended sale of the homestead, involving a condition of defeasance, etc.; that while the deed was absolute in form, it was but a security for debt, and so intended. The appellants claimed the property by purchase, and…
1Opinion of the Court
Watts, J. Com. App.
In the second paragraph of the charge as given, the proposition is distinctly announced that if it was the understanding and agreement of the parties at the time the deed was executed and delivered, that Campbell should' have the option of repurchasing the property at any time within twelve months, by the repayment to appellants of the consideration expressed in the deed, to wit, $7,000, then the deed involved a condition of defeasance, and, being a conveyance of the homestead, would have no validity.
That is not the settled doctrine in this state. In Astugueville v.…
2Cases cited3 opinions
- Carter v. CarterTexas Supreme Court · 1849
- Fowler v. StoneumTexas Supreme Court · 1854
- Astugueville v. LoustaunauTexas Supreme Court · 1884
3Cited by25 opinions
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- Anglin v. Cisco Mortgage Loan Co.Texas Supreme Court · 1940
- Sisk v. RandomTexas Supreme Court · 1934
- Lusher v. First Nat. Bank of Fort WorthCourt of Appeals of Texas · 1953
- In the Matter of Bobby R. Rubarts and Naomi Rubarts, Debtors. Bobby R. Rubarts and Naomi Rubarts v. First Gibraltar Bank, FsbCourt of Appeals for the First Circuit · 1990
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