Howards v. Davis
Texas Supreme Court
Error from Galveston. The defendant in error, who was plaintiff in the court below, brought this suit to quiet his title to a tract of land described in the petition.
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Error from Galveston. The defendant in error, who was plaintiff in the court below, brought this suit to quiet his title to a tract of land described in the petition. The petition alleged that the land had originally been sold and conveyed by the plaintiff to one John D. Harvey, to be held in trust for the use and benefit of Elizabeth G. Howard, wife of Taliafero T. Howard, and such children as she then had or might thereafter have by the said Taliafero T. Howard, and who were the plaintiffs in this writ of error; that simultaneously with this conveyance the said John D. Harvey executed a…
1Opinion of the Court
Hemphill, Ch. J.
The principal question involved in this cause is whether the deed, mortgage, and promissory notes are all to be considered as parts of the same transaction, and what is the legal effect of their being so considered.
That they were all executed simultaneously is clearly established by tlie evidence. The deed and mortgage are expressly stated to have been executed at one and the same time, and as part and parcel of tlie same, transaction. That the promissory notes were also given at the same time is obvious. The mortgage is based upon the notes, and they are proven to have been…
2Cited by58 opinions
- Miles v. MartinTexas Supreme Court · 1959
- Tenison v. PattonTexas Supreme Court · 1902
- Guadalupe-Blanco River Authority v. City of San AntonioTexas Supreme Court · 1947
- Hicks v. MorrisTexas Supreme Court · 1882
- Cannon v. McDanielTexas Supreme Court · 1876
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