Chicago, Texas & Mexican Central Railway Co. v. Titterington
Texas Supreme Court
Daniel Titterington and his wife brought this suit on the 20th day of June, 1887, against the appellants, to cancel and annul a certain deed to a right of way, made on April 16, 1881, upon the ground of fraud and failure of consideration, and on account of the alleged incapacity of the officer to take the privy acknowledgment of Mrs. Titterington to the deed.
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Daniel Titterington and his wife brought this suit on the 20th day of June, 1887, against the appellants, to cancel and annul a certain deed to a right of way, made on April 16, 1881, upon the ground of fraud and failure of consideration, and on account of the alleged incapacity of the officer to take the privy acknowledgment of Mrs. Titterington to the deed. They also prayed for judgment for the land and for rents; and upon a verdict of the jury in their favor that character of judgment was rendered for them, but the damages were duly remitted, and the judgment now stands only for the…
1Opinion of the Court
MARR, Judge,
Section A. — Under the several assignments of error submitted by the appellants, it will be necessary to determine, first, whether in legal contemplation the deed from the appellees contains any condition of defeasance; second, the effect of the statutes of limitation upon plaintiffs’ right of action, supposing that the deed was voidable only for fraud, and which will also involve the inquiry whether the representations which are relied upon to avoid the deed constitute fraud in legal acceptation; third, whether the officer who took the privy acknowledgment of the wife was…
2Cases cited18 opinions
- Cooper v. LeeCourt of Appeals of Texas · 1889
- Henderson v. RailroadTexas Supreme Court · 1856
- Shirley v. Waco Tap Railway Co.Texas Supreme Court · 1889
- Bigham v. BighamTexas Supreme Court · 1882
- Mayer v. SwiftTexas Supreme Court · 1889
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