Legal Opinion

Herman v. Smith

Court of Appeals of Texas

Decided November 29, 1911PublishedCited by 4 opinions

Appeal from District Court, Bexar County; J. L. Camp, Judge. Action by Mrs. Addie Smith, against Oswald Herman and others. From a judgment for plaintiff, defendants appeal.

1Opinion of the CourtCobbs, J.

This suit was instituted by Mrs. Addie Smith, the surviving wife of Alfred Smith, deceased, to recover of defendants in trespass to try title a life estate in the homestead of herself and her deceased husband. The defense was general denial, innocent purchasers, improvements in good faith, and prayer to be subrogated to the rights of lienholders discharged by them.

On the trial of the case below, by agreement of counsel, only one issue was submitted to the jury. The charge of the court in submitting that Issue is as follows: “At the request of both parties to this suit, this cause is submitted…

2Cases cited9 opinions

  1. Gouhenant v. CockrellTexas Supreme Court · 1857
  2. Foreman v. MeroneyTexas Supreme Court · 1884
  3. Earle's Ex'ors v. EarleTexas Supreme Court · 1853
  4. Linares, Administrator v. LinaresTexas Supreme Court · 1899
  5. Galveston, Harrisburg & San Antonio Railway Co. v. BottsCourt of Appeals of Texas · 1900

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Smith v. BanksCourt of Appeals of Texas · 1912
  2. Michelman v. FryeCalifornia Court of Appeal · 1965
  3. Korn v. KornTexas Commission of Appeals · 1929
  4. In re BrooksDistrict Court, N.D. Texas · 1928

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