Smith v. McElyea
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. George McCormick. On the twenty-seventh day of November, 1869, Mrs. Elizabeth Smith, having five sons and two daughters, all married, conveyed land containing nine hundred and thirty-eight acres, on the Guadalupe river, in Gonzales county, which she had received from her father, to her grandson, D. T. Smith, reciting a consideration of thirty-seven hundred and twenty dollars.
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Appeal from Gonzales. Tried below before the Hon. George McCormick. On the twenty-seventh day of November, 1869, Mrs. Elizabeth Smith, having five sons and two daughters, all married, conveyed land containing nine hundred and thirty-eight acres, on the Guadalupe river, in Gonzales county, which she had received from her father, to her grandson, D. T. Smith, reciting a consideration of thirty-seven hundred and twenty dollars. The deed was one of general warranty, reciting the payment of the purchase money, and was duly acknowledged and recorded. On the ninth day of March, 1.870, D. T. Smith…
1Opinion of the Court
Stayton, Associate Justice.
It is shown by the petition that Mrs. Murphy was a married woman at the time the conveyance was made by her mother to D. T. Smith, and that she so continued until the institution of this suit, from which it follows that limitation could not have run against hér.
The averments of the petition wherein it alleges that the defendants, during the life time of Mrs. Elizabeth Smith, induced her and the plaintiffs to believe that the trust on which the conveyance to D. T. Smith is alleged to have been made would be carried out after her death, we are of the opinion are…
2Cited by14 opinions
- Dallas Hotel Co. v. FoxCourt of Appeals of Texas · 1917
- Earl v. MundyCourt of Appeals of Texas · 1921
- Talbott v. HoggCourt of Appeals of Texas · 1957
- Moseley v. FikesCourt of Appeals of Texas · 1939
- Addison v. BallCourt of Appeals of Texas · 1924
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