Towery v. Henderson
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Trespass to try title by Mrs. Mattie Henderson, joined by her husband, Travis Henderson, and by Travis Henderson as guardian for the minor Ella Thomas, to recover from one of the appellants, Thomas J. Towery, a lot of ground in the town of Paris, Lamar county. The plaintiffs gave bond and sequestered the property.
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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Trespass to try title by Mrs. Mattie Henderson, joined by her husband, Travis Henderson, and by Travis Henderson as guardian for the minor Ella Thomas, to recover from one of the appellants, Thomas J. Towery, a lot of ground in the town of Paris, Lamar county. The plaintiffs gave bond and sequestered the property. The plaintiffs claimed title by virtue of a deed from H. D. Woodsworth by J. R. Woodsworth, attorney in fact, dated December 1, 1874. (This was a quitclaim.) April 2, 1877, defendant filed an amended answer pleading the…
1Opinion of the Court
Delany, J. Com. App.
Our opinion is that there is error .in the record for which the judgment should be reversed.
The first assignment of error, we think, is well taken. What constitutes a delivery of a deed is a matter of law. Whether there was a delivery in this case was a question of fact. If the testimony of Towery is to be believed, which was a question for the jury, we incline to the opinion that there was a delivery of the deed. On the other hand, the testimony of the witness Woodsworth is indefinite at the very point where the utmost clearness is desirable and necessary. He admits that…
2Cases cited1 opinion
- Word v. DrouthettTexas Supreme Court · 1875
3Cited by20 opinions
- Texas & N. O. R'y Co. v. CrowderTexas Supreme Court · 1885
- Arrington v. McDanielTexas Commission of Appeals · 1929
- Wiggins v. HolmesCourt of Appeals of Texas · 1931
- McCoy v. LongTexas Commission of Appeals · 1929
- Freeman v. PierceCourt of Appeals of Texas · 1922
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