Legal Opinion · Dissent

Archer v. Griffith

Texas Supreme Court

Decided November 18, 1964No. A-9644Published

1DissentGreenhill, Justice

This is not a case in which the trial court was called upon to fix a reasonable attorney’s fee. Nor is it a suit by an attorney for his fees in which the amount thereof is an ordinary issue of fact. This is a suit to set aside a deed, one which had been executed more than a year before suit was brought, and the ground alleged for setting the deed aside is fraud.1 In my opinion, there is absolutely no evidence of fraud, actual or constructive.

The deed in question was executed by a feme sole. Its opening line is, “I, Nova Dean Griffith, a feme sole * * The deed was signed after her divorce had…

2Cases cited6 opinions

  1. Cooper v. LeeCourt of Appeals of Texas · 1889
  2. Leake v. SaundersTexas Supreme Court · 1935
  3. Kull v. BrowCourt of Appeals of Texas · 1942
  4. Hames v. StroudCourt of Appeals of Texas · 1908
  5. Podolnick v. HamiltonTexas Supreme Court · 1961

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