Legal Opinion

Mann v. Falcon

Texas Supreme Court

Decided July 1, 1860PublishedCited by 25 opinions

Appeal from Nueces. Tried below before William Gr. Hale, Esq., special judge agreed upon by the parties. This was an action of trespass to try title, brought by Esther S. Mann, executrix of the last will of William Mann, deceased, and others, against Blas M. Falcon, for the recovery of five and one-half leagues of land; petition filed August 7th, 1856. The petition is in the usual form of such actions, the plaintiffs alleging title in themselves to the tract of land; that…

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Appeal from Nueces. Tried below before William Gr. Hale, Esq., special judge agreed upon by the parties. This was an action of trespass to try title, brought by Esther S. Mann, executrix of the last will of William Mann, deceased, and others, against Blas M. Falcon, for the recovery of five and one-half leagues of land; petition filed August 7th, 1856. The petition is in the usual form of such actions, the plaintiffs alleging title in themselves to the tract of land; that the defendant had entered upon and ejected the plaintiffs therefrom, and committed divers trespasses thereon'; alleging…

1Opinion of the CourtWheeler, C. J.

The exceptions taken to certain of the interrogatories put to the witnesses, that they were leading, do not appear to have been brought to the attention of the court. It does not appear that there was any ruling upon them, and there is therefore no decision of the court upon the exceptions for this court to revise.

The doctrine that parol evidence is admissible to prove that a deed, absolute upon its face, was made and intended as a security for a debt, and is therefore a mortgage, is too well settled to require the support of a reference to authorities. It is also settled by the repeated…

2Cases cited1 opinion

  1. Duty v. GrahamTexas Supreme Court · 1854

3Cited by25 opinions

  1. Silliman v. GammageTexas Supreme Court · 1881
  2. Vangilder v. HoffmanWest Virginia Supreme Court · 1883
  3. Loving v. MillikenTexas Supreme Court · 1883
  4. Humble Oil & Refining Co. v. AtwoodTexas Supreme Court · 1951
  5. Moreland v. BarnhartTexas Supreme Court · 1875

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