Dean v. Dean
Court of Appeals of Texas
Appeal from District Court, Smith County; R. W. Simpson, Judge. Original proceeding by E. W. Dean against R. A. Dean and others to set aside a judgment in a partition suit. From a judgment for defendants, plaintiff appeals. In August, 1905, there was filed in the district court of Smith county a suit for partition of 140 acres of land. R. A. Dean was plaintiff in the suit, and Fannie, Edna, Ernest, and Murchison Dean and John Thomas were defendants therein.
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Appeal from District Court, Smith County; R. W. Simpson, Judge. Original proceeding by E. W. Dean against R. A. Dean and others to set aside a judgment in a partition suit. From a judgment for defendants, plaintiff appeals. In August, 1905, there was filed in the district court of Smith county a suit for partition of 140 acres of land. R. A. Dean was plaintiff in the suit, and Fannie, Edna, Ernest, and Murchison Dean and John Thomas were defendants therein. The petition alleged that the four named Deans were minors, and John Thomas was the legally appointed guardian of the minors, and all…
1Opinion of the CourtLevi, J.
(after stating the facts as above).
[1,2] The first assignment, predicating error upon the court’s peremptorily instructing a verdict against plaintiffs, should, we conclude, be sustained in part as to all defendants except the defendant Venable, and as to him it should be overruled. It should be held,- we think, that there is evidence sufficient to raise an issue for decision by the jury of the intention of M. J. Dean to effectuate delivery of tlie deed to pass title to appellant, or to appellant and Ms sister. Being in tlie attitude of an owner, under tlie issue, of tlie entire tract at tlie…
2Cases cited5 opinions
- Gurley v. Hanrick's HeirsCourt of Appeals of Texas · 1911
- Carpenter v. AndersonCourt of Appeals of Texas · 1903
- Williams v. YoungCourt of Appeals of Texas · 1905
- Carpenter v. AndersonCourt of Appeals of Texas · 1903
- McCown's Executors v. FosterTexas Supreme Court · 1870
3Cited by9 opinions
- Jones v. Sun Oil Co.Texas Supreme Court · 1941
- Snell v. KnowlesCourt of Appeals of Texas · 1935
- Yount v. FaginCourt of Appeals of Texas · 1922
- Saner-Whiteman Lumber Co. v. Texas & N. O. Ry. Co.Texas Commission of Appeals · 1926
- Potka v. PotkaCourt of Appeals of Texas · 1947
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