Jackson v. Harby
Texas Supreme Court
Appeal from Limestone. Tried below before the Hon. Sam R. Frost. For a history of this case see 65 Texas, 710, proceedings upon a former appeal.
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Appeal from Limestone. Tried below before the Hon. Sam R. Frost. For a history of this case see 65 Texas, 710, proceedings upon a former appeal. On the trial the court, on the subject of fraud made by the, pleadings, instructed the jury as follows: “ If you find from the evidence that at the time the deed of trust was executed to Edmiston & Whatley, they were in fact indebted to Levi Whatley and to Weisenfield & Co. in an amount equal to the sum of money named in the said deed of trust, and that no part thereof was fictitious or pretended; and that the intention of Edmiston & Whatley in…
1Opinion of the Court
Walker, Associate Justice.
This is a second appeal (65 Texas, 710.) The facts are substantially the same in both. The assignments of error which are insisted upon in the brief of appellants question the sufficiency of the evidence to support the verdict found again for the plaintiffs, and complain of the charge of the court in that it failed to submit clearly *415the issue whether the trust deed was in contravention to section 17 of the act of March 24, 1879.
The case was reversed on the former appeal because of the charge of the trial judge in limiting the action of the jury upon the alleged fraud…
2Cases cited6 opinions
- Call v. PalmerSupreme Court of the United States · 1885
- Ellis v. A. S. Valentine & SonTexas Supreme Court · 1886
- Gus. Lewy & Co. v. FischlTexas Supreme Court · 1886
- Oppenheimer v. M. Halff & Bro.Texas Supreme Court · 1887
- Jackson v. HarbyTexas Supreme Court · 1886
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3Cited by6 opinions
- Levy v. RogersCourt of Appeals of Texas · 1934
- McFarlane v. HowellCourt of Appeals of Texas · 1897
- First States Life Co. v. MoteCourt of Appeals of Texas · 1937
- Bettes v. Weir Plow Co.Texas Supreme Court · 1892
- Mosaic Templars of America v. SmithCourt of Appeals of Texas · 1921
1 more not listed; retrieve them via the Exa API.