Smith v. Patillo
Court of Appeals of Texas
Appeal from District Court, Harrison County; P. O. Bear Suit by Millie Ann .Smith against P. W. Patillo. Judgment for defendant, and plaintiff appeals. Appellant was the wife of Louis Smith. Eighteen or twenty years prior to March 14. 1910, they purchased 65 acres of land of Oakes Ames on credit.
Read the full summary
Appeal from District Court, Harrison County; P. O. Bear Suit by Millie Ann .Smith against P. W. Patillo. Judgment for defendant, and plaintiff appeals. Appellant was the wife of Louis Smith. Eighteen or twenty years prior to March 14. 1910, they purchased 65 acres of land of Oakes Ames on credit. Thereafterwards until about six years before said date, when they ceased to live together as husband and wife, they occupied and used the land as their homestead; and after they separated, until she was evicted therefrom as hereinafter stated, appellant continued to occupy and use the land as her…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). The court should not have instructed a verdict for appellee as he did if the jury, might have found from the testimony that appellee held the title to the land in trust for appellant and her husband (Lucia v. Adams, 82 S. W. 335; Ellerd v. Ellison, 165 S. W. 876); if they might also have found that appellee, so holding the land, by collusion with appellant’s husband secured the judgment vesting an absolute title in him, thereby defrauding appellant of her right therein (Buchanan v. Bilger, 64 Tex. 589; Davis v. Jones, 149 S. W. 727; 23 Cyc. 937); and if…
2Cases cited5 opinions
- Buchanan v. BilgerTexas Supreme Court · 1885
- Lucia v. AdamsCourt of Appeals of Texas · 1904
- Ellerd v. EllisonCourt of Appeals of Texas · 1914
- Davis v. JonesCourt of Appeals of Texas · 1912
- Allen v. Ft. Stockton Irrigated Lands Co.Court of Appeals of Texas · 1911
3Cited by1 opinion
- Stephens v. Collins Piano Co.Court of Appeals of Texas · 1930