Brown v. Elmendorf
Texas Supreme Court
Error to Court of Civil Appeals for Fourth District, in an appeal from Bexar County. In the petition for writ of error it was complained of rulings of Court of Civil Appeals: 1. “ The court erred in not holding as reversible error, and in finding as a fact and as a matter of law, that all of the defendants were bona fide purchasers for value from the mother of the plaintiffs, without notice of plaintiffs’ equitable title as heirs of their deceased father, David H. Brown, to…
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Error to Court of Civil Appeals for Fourth District, in an appeal from Bexar County. In the petition for writ of error it was complained of rulings of Court of Civil Appeals: 1. “ The court erred in not holding as reversible error, and in finding as a fact and as a matter of law, that all of the defendants were bona fide purchasers for value from the mother of the plaintiffs, without notice of plaintiffs’ equitable title as heirs of their deceased father, David H. Brown, to his one-half of the community property of the estate of their father and mother.” 2. “ The court erred in its finding of…
1Opinion of the Court
GAINES, Associate Justice.
This suit was brought by plaintiffs in error to recover of defendants in error an undivided half-interest in two contiguous parcels of land in the city of San Antonio. The land in controversy was conveyed August 18, 1863, to “Mrs. Antonia Brown,” who was then the wife of David H. Brown. It is conceded to have been their community property. D. H. Brown died in 1866, and thereafter his widow sold and conveyed, by separate deeds, one of the parcels to Josefo Rescendez and the other to Earle Sawyer. She died in 1869.
The plaintiffs are the children of David H. and Antonia…
2Cases cited3 opinions
- Belcher v. FoxTexas Supreme Court · 1883
- Conner v. HuffTexas Supreme Court · 1877
- Maxwell v. Morgan & GuytonTexas Supreme Court · 1857
3Cited by8 opinions
- E. B. Germany v. J. B. TurnerTexas Supreme Court · 1939
- Long v. MooreCourt of Appeals of Texas · 1898
- Estate of Bailey v. CommissionerUnited States Tax Court · 1982
- Hardin v. Volunteer State Life Ins. Co.Court of Appeals of Texas · 1946
- Nowlin v. ClaryCourt of Appeals of Texas · 1915
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