Shepherd v. White
Texas Supreme Court
Error from Montgomery, The deed to W. W. Shepherd, Jun’r, was dated May 5th, 1846. W. W. Shepherd and Phebe Shepherd, one of the plaintiffs, were married previous to that date. The reading of the will was objected to by the plaintiffs, and the objection overruled.
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Error from Montgomery, The deed to W. W. Shepherd, Jun’r, was dated May 5th, 1846. W. W. Shepherd and Phebe Shepherd, one of the plaintiffs, were married previous to that date. The reading of the will was objected to by the plaintiffs, and the objection overruled. At the request of the defendants the Judge charged the jury as follows : “ If a person pays the purchase money for lands, and the “ title is taken in the name of another, it is a resulting trust, “ by virtue of which the one in whose name the title is taken, “ is a naked trustee, the right being in the one who pays the “…
1Opinion of the CourtLipscomb, J.
This suit was brought by Phebe Shepherd, widow of W. W. Shepherd, junior, and A. H. White, guardian of the minor children of W. W. Shepherd, the issue of his marriage with the said Phebe, to recover land in the possession of the plaintiffs in error, who were the defendants in the Court below. The plaintiffs claimed title under a deed, absolute on its face, to W. W. Shepherd, junior, deceased, and exhibited a regular chain of title derived from the original grantee. The defendants claimed as the widow and heirs of W. W. Shepherd, deceased, the father of W. W. Shepherd, *351junior, who had long…
2Cited by20 opinions
- Chase v. SwayneTexas Supreme Court · 1895
- Cannon v. McDanielTexas Supreme Court · 1876
- Moore v. WootenTexas Commission of Appeals · 1926
- Cook v. DennisTexas Supreme Court · 1884
- Smith v. GreenCourt of Appeals of Texas · 1922
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