Kelly v. Womack

W. E. Kelly filed this suit against Eda Tenkoff Womack et al, respondents, for the title and possession of 400 acres of land in Martin County. H. C. Burnam intervened as a plaintiff. Kelly is the only petitioner here.

Respondents defended on the ground that the deed under which petitioner claimed title from the common source was void because it was contrary to Section 26 of Article I of the Constitution of Texas declaring that perpetuities “are contrary to the genius of a free government and shall never be allowed.”

After the parties filed a stipulation of the material facts a take-nothing…