Legal Opinion

Emery v. Barfield

Court of Appeals of Texas

Decided January 8, 1916No. 7588Published

Appeal from District Court, Taylor County ; Thomas L. Blanton, Judge. Suit by E. H. Barfield and others against S. E. Emery and others. Erom a judgment for plaintiffs, defendants appeal.

1Opinion

On Motion for Rehearing.

[14] Counsel for appellant seems to have failed to understand the purport of certain language used in our original opinion. The deed of December 10, 1891, from J. M. Sullivan to his wife, being only a quitclaim, conveyed out of the community estate into the separate estate of Mrs. Sullivan only such title as J. M. Sullivan, or the community estate, had at the time of the conveyance. Rogers v. Burchard, 34 Tex. 442, 7 Am. Rep. 283.

[15,16] If as a matter of fact, as found by the trial court, and which finding is evidence to support, the consideration for the Parker deed…

2Cases cited2 opinions

  1. Willis v. SmithTexas Supreme Court · 1889
  2. Perrin v. PerrinTexas Supreme Court · 1884

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