James v. Jacques
Texas Supreme Court
Appeal from Bexar. Tr-ied below before the Hon. Thomas J. Devine. The appellant, James, brought this Suit to the Fall Term, 1858, of the Bexar District Court, against Catharine L. Jacques and W, B. Jacques her husband, for the recovery of certain lots in the city of San Antonio; and also against Laura L. Sheahan, widow of John S. Sheahan, deceased, for the purpose of subjecting certain of her separate property to a deed of trust in exoneration of the lots sued for.
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Appeal from Bexar. Tr-ied below before the Hon. Thomas J. Devine. The appellant, James, brought this Suit to the Fall Term, 1858, of the Bexar District Court, against Catharine L. Jacques and W, B. Jacques her husband, for the recovery of certain lots in the city of San Antonio; and also against Laura L. Sheahan, widow of John S. Sheahan, deceased, for the purpose of subjecting certain of her separate property to a deed of trust in exoneration of the lots sued for. Catharine Sheahan, an infant heir of John S. Sheahan, was also made a defendant. The facts disclosed in the pleadings and…
1Opinion of the CourtBell, J.
We are of opinion that the case made by the pleadings and evidence was not sufficiently presented to the consideration of the jury by the instructions given them; and, also, that the last instruction given to the jury was erroneous. It is not enough to say that Belger is not a party to this suit, and that no one is entitled to complain that notice of the sale under the deed of trust was not given. The stipulation in the trust deed that ten days notice of sale under it should be given, was a stipulation in favor of the makers of the deed, and was intended to secure a fair competition at the…
2Cited by10 opinions
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- Marsh v. HubbardTexas Supreme Court · 1878
- Kempner v. DooleySupreme Court of Arkansas · 1895
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