Montgomery v. Carlton
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Everett Lewis. Suit in trespass to try title and for damages for one hundred and ninety acres of land, part of the C. Dyer league, situated in Colorado county, brought by James E. Carlton against Mary L. Montgomery, Jane S. Montgomery, Morgian Montgomery, Ella Montgomery, B. F. S. Montgomery, Jessie Montgomery, and William Montgomery, all minors except Mary L. Montgomery, who was the guardian of the persons and estates of the…
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Appeal from Colorado. Tried below before the Hon. Everett Lewis. Suit in trespass to try title and for damages for one hundred and ninety acres of land, part of the C. Dyer league, situated in Colorado county, brought by James E. Carlton against Mary L. Montgomery, Jane S. Montgomery, Morgian Montgomery, Ella Montgomery, B. F. S. Montgomery, Jessie Montgomery, and William Montgomery, all minors except Mary L. Montgomery, who was the guardian of the persons and estates of the other defendants. Both parties claimed under a common source of title — Mrs. Frances Montgomery, deceased. The…
1Opinion of the Court
Bonner, Associate Justice.—
The two principal questions in this case relate, first, to the validity of the alleged parol gift of the land in controversy from Mrs. Frances Montgomery to John G. Montgomery, the father of appellants, and under which they claim; second, to the validity of the sale of the land under the proceedings for partition had in the county court under which appellee Carlton claims.
I. As to the validity of the alleged parol gift.
The rule adopted by this court is that a parol gift of land will be sustained and enforced, when clearly proven, and when possession has been taken…
2Cases cited3 opinions
- Simmons v. McKayCourt of Appeals of Kentucky · 1868
- Willis v. MatthewsTexas Supreme Court · 1877
- Bledsoe v. WhiteTexas Supreme Court · 1874
3Cited by19 opinions
- Simmons v. ArnimTexas Supreme Court · 1920
- Mansel v. CastlesTexas Supreme Court · 1900
- Safeway Stores, Inc. v. RutherfordTexas Supreme Court · 1938
- Simmons Hardware Co. v. DavisTexas Supreme Court · 1894
- Laughter v. SeelaTexas Supreme Court · 1883
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