Cole v. Noble
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Suit by appellee on the 17th day of October, 1882. Its object was to recover two lots in the city of Houston. It sought to enforce an alleged trust, created by operation of law, fifteen years after the facts and circumstances transpired out of which, it is claimed, the trust arose.
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Appeal from Harris. Tried below before the Hon. James Masterson. Suit by appellee on the 17th day of October, 1882. Its object was to recover two lots in the city of Houston. It sought to enforce an alleged trust, created by operation of law, fifteen years after the facts and circumstances transpired out of which, it is claimed, the trust arose. The petition of appellee claimed that S. F. Noble, Jr. (who was the former husband of M. S. Cole, appellant), and during his coverture with her, purchased the land in controversy with two notes belonging to him, appellee, and wrongfully took the title…
1Opinion of the Court
Willie, Chief Justice.
This cause was submitted to the judge below without the intervention of a jury, and his conclusions of law and fact are found in the record.
Neither of the two assignments of error, relied upon in this court, questioned the correctness of his conclusions of fact, and hence they must be taken as correct, and more especially if borne out by the evidence.
The eighth assignment of error (the only one relied on in appellants’ original brief) claims that the uncontradicted facts establish conclusively that the trust equity of appellee in the lots in controversy had become a…
2Cases cited7 opinions
- Dailey v. StarrTexas Supreme Court · 1863
- Lindsay v. JaffrayTexas Supreme Court · 1881
- Carlisle v. HartTexas Supreme Court · 1864
- Hunter v. HubbardTexas Supreme Court · 1863
- Anderson v. StewartTexas Supreme Court · 1855
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3Cited by33 opinions
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- Andretta v. WestTexas Supreme Court · 1967
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