Hoffman v. Blume
Texas Supreme Court
Appeal from Comal. Tried below before the Hon. T. M. Paschal. On Hay 11,1884, Hoffman brought this suit of trespass to try title against Blume, to recover the tract of land described in the petition. June 6, 1884, Blume answered by plea of not guilty. Hoffman claimed title as follows: 1st. Deed from Dolle and wife to Blume, dated June 3, 1882. 2d. Deed from Blume to Behusch, dated July 1, 1882. 3d.
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Appeal from Comal. Tried below before the Hon. T. M. Paschal. On Hay 11,1884, Hoffman brought this suit of trespass to try title against Blume, to recover the tract of land described in the petition. June 6, 1884, Blume answered by plea of not guilty. Hoffman claimed title as follows: 1st. Deed from Dolle and wife to Blume, dated June 3, 1882. 2d. Deed from Blume to Behusch, dated July 1, 1882. 3d. Deed from Behusch to Hoffman, dated April 7, 1884. Blume claimed that the deed from himself to Behusch, though absolute in form, was a mortgage or trust to secure a debt, and that Hoffman had…
1Opinion of the Court
Watts, J. Com. App.
This cause was submitted to the jury upon the theory that the evidence tended to show that the deed from Blume to Behusch, although absolute in form, was in fact a security for debt, and that Hoffman purchased with notice of such fact.
But considering the evidence in the most favorable light for Blume, it seems to us to admit of no doubt that the real transaction, was a conditional sale. Blume does not pretend that the relation of creditor and debtor existed between him and Behusch after the execution of the deed, or that such relation ever existed as between them. There was…
2Cited by8 opinions
- Little v. ShieldsTexas Commission of Appeals · 1933
- Watkins v. SproullCourt of Appeals of Texas · 1894
- Mansur & Tebbetts Implement Co. v. BeerCourt of Appeals of Texas · 1898
- Beauchamp v. RunnelsCourt of Appeals of Texas · 1904
- Baines v. Clinton Park Development Co.Court of Appeals of Texas · 1949
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