Ashe v. Yungst
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. This was a suit by appellant, S. S. Ashe, against appellees, Henrietta Yungst and Alice Yungst, to remove cloud from his title to a lot of ground, and the improvements thereon, situated in the city of Houston, Texas. He alleged that he was in possession of the lot, and that the appellees were asserting a right and title to the premises, or a part thereof.
Read the full summary
Appeal from Harris. Tried below before the Hon. James Masterson. This was a suit by appellant, S. S. Ashe, against appellees, Henrietta Yungst and Alice Yungst, to remove cloud from his title to a lot of ground, and the improvements thereon, situated in the city of Houston, Texas. He alleged that he was in possession of the lot, and that the appellees were asserting a right and title to the premises, or a part thereof. Defendants, by their guardian ad litem, pleaded general denial, and alleged that the property was the homestead of their parents, and that neither they nor their father had any…
1Opinion of the Court
Stayton, Associate Justice.
The lot in controversy was community property, owned by Herman Yungst and his wife, and it was their homestead. Hnder the findings of the jury, for the present consideration of this case, it must be held that the conveyance from Yungst and wife, of date March 15, 1882, was intended simply as a mortgage to secure the payment of a sum of money then borrowed by Yungst from W. J. and J. J. Settegast.
So considered, that conveyance was inoperative without reference to whether Mrs. Yungst was sane at the time the deed of that date was executed. The reconveyance by W. J.…
2Cases cited14 opinions
- Tadlock v. EcclesTexas Supreme Court · 1858
- Veramendi v. HutchinsTexas Supreme Court · 1878
- Sanger Bros. v. Heirs of MoodyTexas Supreme Court · 1883
- Dawson v. HoltTexas Supreme Court · 1875
- Johnson v. HarrisonTexas Supreme Court · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Martin v. McAllisterTexas Supreme Court · 1901
- Stone v. JacksonTexas Supreme Court · 1919
- Wiener v. ZweibTexas Supreme Court · 1912
- Davis v. Magnolia Petroleum Co.Texas Supreme Court · 1940
- Jones v. HarrisCourt of Appeals of Texas · 1911
41 more not listed; retrieve them via the Exa API.