Bell v. Gaines
Court of Appeals of Texas
Appeal from District Court, Bowie County; Hugh Carney, Judge. Suit by Hiram,A. Gaines against John J. Bell. Prom a judgment for plaintiff, defendant appeals.
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Appeal from District Court, Bowie County; Hugh Carney, Judge. Suit by Hiram,A. Gaines against John J. Bell. Prom a judgment for plaintiff, defendant appeals. This suit was brought by appellee to cancel a deed he made June 14, 1919, less than two months after he became 21 years of age, whereby he conveyed all his “right, title, and interest in and to” 200 acres of the W. E. Thompson survey, described by metes and hounds and as in Bowie county, about 2 miles east of New Boston, to appellant. The 'consideration for the conveyance, it appeared from a recital in the deed and from undisputed…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). Appellee alleged in his petition that at the time he executed the deed in question he did not read it and was ignorant of the fact that the land described in it was land he owned an interest in. Appellant by exceptions questioned the sufficiency of the petition, on the ground that it did not appear therefrom that appellee’s ignorance of the contents of the deed was not due to negligence on his part, in that it was not alleged that he could not read, nor, if he could, that he was induced by any conduct of appellant’s not to read the instrument.
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2Cases cited9 opinions
- Labbe v. CorbettTexas Supreme Court · 1888
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- Gulf, Colorado & Santa Fe Railway Co. v. MooreCourt of Appeals of Texas · 1902
- Roberts v. Wichita Southern Life Ins. Co.Texas Commission of Appeals · 1920
- Bedford v. Rayner Cattle Co.Court of Appeals of Texas · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lone Star Olds Cadillac Co. v. VinsonCourt of Appeals of Texas · 1942
- Commercial Bank & Trust Co. v. BuntainCourt of Appeals of Texas · 1925
- Stone v. BroadwayCourt of Appeals of Texas · 1928