Simonton v. White
Texas Supreme Court
Error to the Court of Civil Appeals for the Third District, in an appeal from Milam County. J. M. Simonton as next friend of Willis, David, Curry, and Prince Simonton, minors, sued White in trespass to try title. Defendant had judgment, which was affirmed on appeal, and Simonton obtained writ of error.
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Error to the Court of Civil Appeals for the Third District, in an appeal from Milam County. J. M. Simonton as next friend of Willis, David, Curry, and Prince Simonton, minors, sued White in trespass to try title. Defendant had judgment, which was affirmed on appeal, and Simonton obtained writ of error. The Court of Civil Appeals, after stating the case, held (Key, J-.): “Without saying that the court was wrong in the first conclusion of law, we concur in the second, and conclude that the judgment for the defendant is correct, and it will be affirmed. “The contention of' appellant that by…
1Opinion of the Court
BROWN, Associate Justice.
The land in controversy was the community property of W. J. Gentry and his wife, who died previous to the transactions hereafter named; her husband and their three daughters,,, Ava Anna (now Mrs. Simonton), L. Zerza, and Luddie Gentry survived. W. J. Gentry made and delivered to Mrs. Ava Anna Simonton- the following deed:
“The State of Texas, County of Milam. — Know all men by these presents that I, W. J. Gentry, of the county of Milam and State aforesaid, for and in consideration of the love and affection and duty as a father towards my daughter, Ava Anna Simonton,…
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