Kearby v. Cox
Texas Commission of Appeals
Error to Court of Civil Appeals of Second Supreme Judicial District. Suit by J. P. Kearby against L. B. Cox and others. Decree for complainant, and certain defendants appeal, and from a judgment of the Court of Civil Appeals, Ft. Worth. (175 S. W. 731), reversing and rendering, plaintiff brings error.
1Opinion of the CourtMontgomery, P. J.
There is but one question which we think it necessary to decide in this case.
J. G. Daniels, a married man, on April 18, 1912, was the owner of a certain improved lot in the town of Gustine, Comanche county, Tex., which was at that time his business homestead. On that day; Daniels, joined by his wife, by deed in the usual form reciting a cash consideration, conveyed the lot to J. P. Petit & Co. The trial court and the Court of Civil Appeals found as a fact that this deed was intended as a mortgage to secure certain debts due by Daniels to Petit & Co., and this finding is not attacked. This…
2Cases cited8 opinions
- Inge v. CainTexas Supreme Court · 1885
- Marler v. HandyTexas Supreme Court · 1895
- Irion v. MillsTexas Supreme Court · 1874
- Stewart v. MackeyTexas Supreme Court · 1856
- Gould v. WestTexas Supreme Court · 1869
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3Cited by14 opinions
- Dakan v. DakanTexas Supreme Court · 1935
- Anglin v. Cisco Mortgage Loan Co.Texas Supreme Court · 1940
- Harrison v. First Nat. Bank of LewisvilleCourt of Appeals of Texas · 1920
- Pagel v. PumphreyCourt of Appeals of Texas · 1947
- Barber v. BarberCourt of Appeals of Texas · 1920
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