Edwards v. Dismukes
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. R. S. Walker. Suit by Mary E. Dismukes, wife of George Dismukes, alleging that her husband refused to join her, brought October 13, 1877, against the appellant and her husband, in trespass to try title, to recover one thousand eight hundred and ninety-one acres of the Barnett league, and six hundred and six acres of the Adams league, claiming it as separate property.
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Appeal from Anderson. Tried below before the Hon. R. S. Walker. Suit by Mary E. Dismukes, wife of George Dismukes, alleging that her husband refused to join her, brought October 13, 1877, against the appellant and her husband, in trespass to try title, to recover one thousand eight hundred and ninety-one acres of the Barnett league, and six hundred and six acres of the Adams league, claiming it as separate property. Prayer was made to cancel a pretended deed from appellee and her husband to appellant Mary T. Edwards, without date, but acknowledged December 23, 1874, and filed for record…
1Opinion of the Court
Gould, Associate Judge.
1. Appellants’ second and fifth assignments of error assume that there was no evidence of notice to them that the husband of appellee was, under her instructions to him, without authority to deliver to them the deed which he and she had executed, and which she had separately acknowledged and entrusted to him. If, however, we look beyond the bill of exceptions to the charge of the court, we find instructions to the jury, that the delivery of the deed by the husband would pass the title to appellants, notwithstanding it was made in violation of his instructions, if the…
2Cases cited1 opinion
- McIntire v. ChappellTexas Supreme Court · 1847
3Cited by9 opinions
- Miller v. YturriaTexas Supreme Court · 1888
- Cole v. BammelTexas Supreme Court · 1884
- Eddy v. BosleyCourt of Appeals of Texas · 1903
- Halback v. HillCourt of Appeals for the D.C. Circuit · 1919
- John v. BattleTexas Supreme Court · 1883
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