Legal Opinion

Sanger Brothers v. Ider N. Brooks

Texas Supreme Court

Decided November 13, 1907No. 1740PublishedCited by 26 opinions

Error to the Court of Civil Appeals for the Fifth District, in an appeal from Henderson County. Brooks and wife sued Sanger Bros, to cancel a conveyance of and purported lien on their homestead. They had judgment which, on appeal by defendants, was reversed and rendered in favor of appellants. Appellees then obtained writ of error.

1Opinion of the CourtChief Justice Gaines

This suit was brought by Ider N. Brooks joined by her husband, J. A. Brooks, to cancel certain conveyances and promissory notes held by defendants which created a- purported vendor’s lien upon her homestead and to remove them as clouds upon her title. The defendants answered by a general denial, and also pleaded that the tract of land described in plaintiff’s petition was sold and conveyed by one Odom to J. A. Brooks, and that the notes were executed by Brooks for the purchase money thereof and expressly retained a lien on the land; and that they had purchased the notes for value and without…

2Cases cited5 opinions

  1. Eylar v. EylarTexas Supreme Court · 1883
  2. Love v. BreedloveCourt of Appeals of Texas · 1890
  3. Hurt v. CooperTexas Supreme Court · 1885
  4. Heidenheimer Bros. v. StewartTexas Supreme Court · 1886
  5. Gaston & Thomas v. DashiellTexas Supreme Court · 1881

3Cited by26 opinions

  1. Steves v. SmithCourt of Appeals of Texas · 1908
  2. Cosgrove v. NelsonCourt of Appeals of Texas · 1925
  3. Ferguson v. DoddCourt of Appeals of Texas · 1916
  4. Fidelity Trust Co. v. FowlerCourt of Appeals of Texas · 1919
  5. Hayes v. First Trust Joint Stock Land Bank of ChicagoCourt of Appeals of Texas · 1937

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