Belcher v. Fox
Texas Supreme Court
Appeal from Navarro. Tried below before Jno. H. Rice, Esq., special judge. Edward H. Belcher and his wife, Lydia M., acquired during their marriage a six hundred and forty acre headlight certificate. During the life-time of Lydia M., two hundred and fifty acres of said certificate were sold or traded to John Belcher, but the deed appears not to have been made until long after the death of Mrs. Belcher.
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Appeal from Navarro. Tried below before Jno. H. Rice, Esq., special judge. Edward H. Belcher and his wife, Lydia M., acquired during their marriage a six hundred and forty acre headlight certificate. During the life-time of Lydia M., two hundred and fifty acres of said certificate were sold or traded to John Belcher, but the deed appears not to have been made until long after the death of Mrs. Belcher. In 1841 Mrs. Belcher died, leaving three hundred and ninety acres of said certificate then on hand. The defendants below, appellees, claim through a chain of transfers from E. H. Belcher to J.…
1Opinion of the Court
Stayton, Associate Justice.
The appellants claim the entire land upon the ground that the deed purporting to have been made by their father to J. W. Massie, through which the appellees claim, was never in fact executed by him; and they further claim, in the event that deed is genuine, that they are entitled to one-half of the land through inheritance from their mother, the certificate upon which the land was granted being community property, and the pur*529ported sale by their father having been ihade after their mother’s death.
The plea of non est factum, filed by the appellants, put the burden of…
2Cases cited2 opinions
- Sparks v. SpenceTexas Supreme Court · 1874
- Newby v. HaltamanTexas Supreme Court · 1875
3Cited by7 opinions
- Union Land & Grazing Co. v. ArceNew Mexico Supreme Court · 1915
- Moseley v. FikesCourt of Appeals of Texas · 1939
- Brown v. ElmendorfTexas Supreme Court · 1894
- Kellogg v. ChapmanCourt of Appeals of Texas · 1918
- Williamson v. WorkCourt of Appeals of Texas · 1903
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