McBride v. Loomis
Court of Appeals of Texas
Higgins, J., dissenting in part. Appeal from District Court, El Paso County; A. M. Walthall, Judge. Action by Thomas McBride and others against A. M. Loomis. Prom a judgment for defendant, plaintiffs appeal.
1DissentHiggins, J.
From the statement of the case made in the majority opinion it is apparent that if title passed from Charles H. Howard, the admitted owner in 1874, to John E. McBride, prior to the latter’s death in 1877, then plaintiffs, as the heirs of McBride, must recover, since the deed from Kerber, administrator pro tem-pore of McBride’s estate to Ford, passed no title, being manifestly void, and is so admitted to be by appellee.
Appellants advance the proposition that Howard and McBride each appear to be a common source of title, and since McBride is the later, the presumption of fact arises that…
2Cases cited18 opinions
- Stafford v. StaffordTexas Supreme Court · 1902
- Rice v. St. Louis, Arkansas & Texas Railway Co.Texas Supreme Court · 1894
- Hardy v. De LeonTexas Supreme Court · 1849
- Secrest v. JonesTexas Supreme Court · 1858
- Cocke v. T. N. O. R. R. Co.Court of Appeals of Texas · 1907
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