Schwarz v. National Bank
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Schwarz, the appellant, made a warranty deed for a city lot to The National Bank of Texas, for value credited to Schwarz as paid on his indebtedness to the bank, and thereupon became a tenant to the bank, at rental of twenty-five dollars per month. The National Bank demanded possession from Schwarz, and • possession was refused.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Schwarz, the appellant, made a warranty deed for a city lot to The National Bank of Texas, for value credited to Schwarz as paid on his indebtedness to the bank, and thereupon became a tenant to the bank, at rental of twenty-five dollars per month. The National Bank demanded possession from Schwarz, and • possession was refused. Suit was instituted by sequestrian, and was tried before the court without a jury. Schwarz was defeated in his defense set up to the effect that his' deed was only a mortgage and had not been signed by…
1Opinion of the Court
Gaines, Associate’Justice.
This was an action of trespass to try title, brought by appellee against appellant to recover a house and lot in the city of Galveston. The cause was submitted to the judge, who filed his conclusions of law and fact. The correctness of the findings of fact is not called in question in this court, and from them it appears that appellant came to the city from Germany, and acquired the lot in controversy; that he brought with him a family of children, and moved with them upon the lot, making it his homestead; but left a wife in Germany, expecting her to afterwards join…
2Cited by18 opinions
- Concord Oil Co. v. Alco Oil and Gas Corp.Texas Supreme Court · 1965
- Weinstein v. National Bank of JeffersonTexas Supreme Court · 1887
- Baylor County v. CraigTexas Supreme Court · 1887
- Johnson v. TunstallTexas Commission of Appeals · 1930
- Mason v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1910
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