McCartney v. McCartney
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from McLennan County. The suit was brought by H. S. McCartney against S. J. McCartney, his wife, to cancel a deed. Judgment was given for defendant, and this was affirmed on appeal by plaintiff who then obtained writ of error.
1Opinion of the Court
WILLIAMS, Associate Justice.
Plaintiff in error brought this suit against defendant in error, his AAdfe, Avho was a lunatic confined in the asylum, to cancel a deed of date January 28, 1895, appearing of record and purporting to have been executed by plaintiff to defendant, conveying to her certain lands. As the ground for -the relief sought, plaintiff alleged that the deed had never been delivered by him and was never intended to take effect, but was merely signed, acknowledged, and read to defendant, when she was insane and laboring under the delusion that she and her children were to be…
2Cases cited2 opinions
- Lott v. KaiserTexas Supreme Court · 1884
- Brown v. BrownTexas Supreme Court · 1884
3Cited by39 opinions
- Benskin v. BarksdaleTexas Commission of Appeals · 1923
- West v. First Bap. Ch. of TaftTexas Supreme Court · 1934
- Koppelmann v. KoppelmannTexas Supreme Court · 1900
- Thornton v. RainsTexas Supreme Court · 1957
- Hunt v. GarrettCourt of Appeals of Texas · 1925
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