Legal Opinion

Schuster v. Farmers & Merchants National Bank

Court of Appeals of Texas

Decided April 4, 1900PublishedCited by 5 opinions

Appeal from McLennan, Nineteenth District. Tried below before Hon. Marshall Surratt. The following are material portions of the answer of the jury to special issues, adopted by this court as findings of fact: The firm of A. and A. N. Schuster was, on December 5, 1893, indebted to Mrs. Lucretia Schuster in the sum of $6720. The deed of December 5, 1893, was executed by A. and A. N. Schuster to A. Judson Cole, as trustee for Mrs. Lucretia Schuster, and was received by her in…

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Appeal from McLennan, Nineteenth District. Tried below before Hon. Marshall Surratt. The following are material portions of the answer of the jury to special issues, adopted by this court as findings of fact: The firm of A. and A. N. Schuster was, on December 5, 1893, indebted to Mrs. Lucretia Schuster in the sum of $6720. The deed of December 5, 1893, was executed by A. and A. N. Schuster to A. Judson Cole, as trustee for Mrs. Lucretia Schuster, and was received by her in payment and discharge of such debt. The firm of A. and A. N. Schuster was, at that time, indebted to Mrs. Lucretia…

1Opinion of the Court

This suit was originally commenced by the Farmers and Merchants National Bank of Waco, against A.N. Schuster and his wife, Lucretia Schuster, A. Judson Cole and his wife, Luda Cole, Mrs. Florence King, August Schuster and D.T. Bomar.

The action is in substance trespass to try title to twenty-seven sections of land in Sterling County, though the plaintiff's petition goes further than the usual form in which that action is brought, and assails the title under which the defendants claim as fraudulent and void.

After the suit was filed, the defendant Bomar sold the land, as trustee, to W.T. Fenton…

2Cases cited2 opinions

  1. Wiggins v. BlackshearTexas Supreme Court · 1894
  2. Leqve v. StoppelSupreme Court of Minnesota · 1896

3Cited by5 opinions

  1. Frith v. WrightCourt of Appeals of Texas · 1915
  2. Hawkins v. Western Nat. Bank of HerefordCourt of Appeals of Texas · 1912
  3. Watson v. SchultzCourt of Appeals of Texas · 1919
  4. Mauritz v. MarkloffCourt of Appeals of Texas · 1925
  5. Hawkins v. Western Nat. Bank of HerefordCourt of Appeals of Texas · 1912

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