Legal Opinion

Morgan v. MacE

Court of Appeals of Texas

Decided February 19, 1924No. 2870PublishedCited by 3 opinions

Error from District Court, Bowie County; Hugh Carney, Judge. Suit by Mrs. Ollie Morgan against John Mace and others. Judgment for defendants, and plaintiff brings error. By his deed dated June 13, 1991, A. L. Ghio conveyed “lots 6, 7 and 8, in Block No. 2 of the Ghio addition to the city of Texarkana” to one Joseph Goldoni. The lots were 50x140 feet in size. They fronted north on Seventh street in said addition.

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Error from District Court, Bowie County; Hugh Carney, Judge. Suit by Mrs. Ollie Morgan against John Mace and others. Judgment for defendants, and plaintiff brings error. By his deed dated June 13, 1991, A. L. Ghio conveyed “lots 6, 7 and 8, in Block No. 2 of the Ghio addition to the city of Texarkana” to one Joseph Goldoni. The lots were 50x140 feet in size. They fronted north on Seventh street in said addition. No. 8 was a corner lot. 1 It was west of and adjoining No. 7, which was west of and adjoining No. 6. Goldoni, by his deed dated August 20, 1919, conveyed lot 6 to P. D. Sanders, who…

1Opinion of the Court

The theory upon which defendants in error think the judgment was warranted seems to be that there was testimony authorizing findings that Goldoni intended to sell and Sanders to buy only that part of lot 6 inclosed as stated above, and that Sanders intended to sell and plaintiff in error to buy only that part. It is true that testimony tending to show Goldoni's intention to have been as claimed was before the court, but we think it was erroneously admitted, and that the court should not have considered it in determining the rights of the parties. In the deeds from Goldoni to Sanders and from…

2Cases cited3 opinions

  1. Davis v. GeorgeTexas Supreme Court · 1911
  2. Linney v. WoodTexas Supreme Court · 1886
  3. Bell v. WrightTexas Supreme Court · 1901

3Cited by3 opinions

  1. Bray v. City of CorsicanaCourt of Appeals of Texas · 1926
  2. Huddleston v. AllenCourt of Appeals of Texas · 1935
  3. Kyle v. ClinkscalesCourt of Appeals of Texas · 1929

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