Crain v. Crain
Texas Supreme Court
Appeal from Nacogdoches. Tried below before Hon. A. W. 0. Hicks. This is a second appeal in this case. The Opinion of the Court upon the former appeal is to be found in 17 Tex.
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Appeal from Nacogdoches. Tried below before Hon. A. W. 0. Hicks. This is a second appeal in this case. The Opinion of the Court upon the former appeal is to be found in 17 Tex. R. 80. Upon the return of the case of the District Court, the sole point submitted to the jury was “ whether or not the transfers to appellants were valid,” i. e., whether they were to take effect in the life-time of the donor or at his death ; or whether they were deeds in effect or wills in disguise. The jury was instructed “ that if the transfers were intended to take effect in the life-time of the donor they should…
1Opinion of the Court
Hemphill, Oh. J.
When this cause was before this Court,. *793at a previous Term, on appeal from the judgment sustaining the demurrer to the petition, the main question presented on the allegations of the petition (as will appear from the Opinion in 17 Tex. R. 81) was whether the conveyances regarded as gifts from the father to his son Newell (the father retaining possession and control of the property up to the time of Ms death) were valid, or were in judgment of law fraudulent and void as against the plaintiffs who, with the said Newell, were forced heirs of their father Ambrose Crain, deceased,…
2Cases cited1 opinion
- Inhabitants of the Second Parish in Wells v. OsbornMassachusetts Supreme Judicial Court · 1807
3Cited by9 opinions
- Harrell v. HickmanTexas Supreme Court · 1948
- Cockrill v. CoxTexas Supreme Court · 1886
- Heaston v. KriegIndiana Supreme Court · 1906
- Matthews v. MosesCourt of Appeals of Texas · 1899
- Becton v. AlexanderTexas Supreme Court · 1864
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