Davis v. Brewster
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Suit by appellants to set aside a deed executed by them, which purported to convey lots in Houston.
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Appeal from Harris. Tried below before the Hon. James Masterson. Suit by appellants to set aside a deed executed by them, which purported to convey lots in Houston. The grounds alleged for the relief sought were, that the property which the deed purported to convey was the homestead of Davis and wife at its date, and had been such for more than seven years next preceding the date of its execution, and had been such ever since; that the deed, whilst on its face absolute, was in fact but a mortgage to secure Baker, Brewster and Eice for what they might have to pay as sureties on the bonds of…
1Opinion of the Court
Stayton, Associate Justice.—
This cause was before this court at the last term and is reported in 56 Tex., 479.
It was then remanded because there was no evidence directly showing that the defendants were aware of any want of intention by Mrs. Davis to pass the absolute title to the property in controversy by the instrument executed by herself and husband, and for want of certainty and clearness in the proof. It is claimed now, as it ivas upon the former appeal by the plaintiff, that the deed was executed solely to secure the defendants, in so far as it would do so, against their liability upon…
2Cited by14 opinions
- Young v. BlainTexas Commission of Appeals · 1922
- Webb v. BurneyTexas Supreme Court · 1888
- Gray v. ShelbyTexas Supreme Court · 1892
- Elliott v. Conner ex rel. YoungSupreme Court of Florida · 1912
- Cobb v. DaySupreme Court of Missouri · 1891
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