Legal Opinion

C.C. Kidd v. J.H. McCracken

Texas Supreme Court

Decided November 13, 1912No. 2253PublishedCited by 21 opinions

Error to the Court of Civil Appeals, Second District, in an appeal from Parker County. Kidd and wife sued McCracken and others, and obtained writ of error on the affirmance, on their appeal, of a judgment for defendants.

1Opinion of the CourtJustice Dibrell

This is a suit by plaintiffs, C. C. Kidd and-wife, against Joe H. McCracken et al., begun in the District Court of Parker County, for the purpose of declaring an instrument a mortgage which upon its face purports to be a deed, and to enjoin a sale of the property described in the such instrument. Defendants answered by general denial and special plea that the property was purchased outright and in good faith for full value. There was no plea of or prayer for affirmative relief. The cause was tried before the court without a jury and judgment entered for defendants. Plaintiffs sought to take a…

2Cases cited4 opinions

  1. Houston v. WilliamsCalifornia Supreme Court · 1859
  2. Coffey v. GambleSupreme Court of Iowa · 1902
  3. Craig v. BennettIndiana Supreme Court · 1901
  4. In re the Estate of WinslowNew York Surrogate's Court · 1895

3Cited by21 opinions

  1. Greenberg v. BrookshireTexas Supreme Court · 1982
  2. H. H. Watson Co. v. Cobb Grain Co.Texas Commission of Appeals · 1927
  3. Smith v. Columbian Carbon Co.Texas Supreme Court · 1947
  4. Barber v. Intercoast Jobbers and BrokersTexas Supreme Court · 1967
  5. Weil v. AbeelCourt of Appeals of Texas · 1918

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