Legal Opinion

Haney v. Clark

Texas Supreme Court

Decided November 24, 1885No. Case No. 1908PublishedCited by 29 opinions

Appeal from Hunt. Tried below before the Hon. J. A. B. Put-man. This was a suit by appellee against appellant to cancel a deed made to appellant on the 26th of January, 1882, and to recover so much of the land therein conveyed as was still owned by appellant.

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Appeal from Hunt. Tried below before the Hon. J. A. B. Put-man. This was a suit by appellee against appellant to cancel a deed made to appellant on the 26th of January, 1882, and to recover so much of the land therein conveyed as was still owned by appellant. Appellee claimed that the deed, though absolute on its face, was in fact made to better secure appellant in certain indebtedness due him by appellee, and which, at the time of the execution of the deed, was secured by deed of trust, with power of sale on the land. She claimed that there was a verbal agreement between her and appellant…

1Opinion of the Court

Willie, Chief Justice.

There was no error in allowing Mrs. Clark to testify as to the mental condition of her husband. The question did not necessarily require an opinion as to his sanity, and, if it had, the answer would have been admissible if accompanied by a statement of the facts upon which it was based. Thomas v. State, 40 Tex., 60, Holcomb v. State, 41 Tex., 125; Webb v. State, 5 Ct. App., 596. And even experts are required, if asked, to give the facts which their opinions rest. 1 Wharton on sec. 451.

Certainly no person had better opportunities than she did of knowing the habits and…

2Cases cited3 opinions

  1. Thomas v. StateTexas Supreme Court · 1874
  2. Holcomb v. StateTexas Supreme Court · 1874
  3. Manly v. William B. Culver's HeirsTexas Supreme Court · 1857

3Cited by29 opinions

  1. Gardner v. RundellTexas Supreme Court · 1888
  2. Bingham v. LipmanOregon Supreme Court · 1901
  3. Stitzle v. EvansTexas Supreme Court · 1889
  4. Greenman v. City of Fort WorthCourt of Appeals of Texas · 1957
  5. O'Connor v. Kirby Inv. Co.Court of Appeals of Texas · 1924

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