Brown v. Brown
Texas Supreme Court
Appeal from FTavarro. Tried below before the Hon. D. M. Prendergast, special judge. On June 1, 1881, appellee brought this suit against appellants as the heirs of D. M. Brown,, deceased. Appellee claimed as the surviving widow and second wife of D. M. Brown, and sued for a partition of certain tracts of land described in the petition, claiming that the same belonged to the estate of D. M. Brown, deceased, and also for an interest in certain land notes, etc.
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Appeal from FTavarro. Tried below before the Hon. D. M. Prendergast, special judge. On June 1, 1881, appellee brought this suit against appellants as the heirs of D. M. Brown,, deceased. Appellee claimed as the surviving widow and second wife of D. M. Brown, and sued for a partition of certain tracts of land described in the petition, claiming that the same belonged to the estate of D. M. Brown, deceased, and also for an interest in certain land notes, etc. Appellants claimed the land as heirs, etc., of Lavinia Brown, the first wife of D. M. Brown, who died in 1872; that the same was the…
1Opinion of the Court
Watts, J. Com. App.
— Upon the trial the court charged the jury that “To constitute a delivery so as to pass the title of property by deed, it is necessary that the grantor should either make an actual delivery to the grantee, or place the deed within the control of the grantee with the intention, at the time, of abandoning all further control of the deed and of vesting then the title to the property in the grantee.” While in respect to that issue appellants asked and the court refused to give the following instruction: “ In determining whether or not the deed of 1860 was delivered by D. AI.…
2Cases cited1 opinion
- Henry v. AndersonIndiana Supreme Court · 1881
3Cited by28 opinions
- Taylor v. Sanford, AdministratorTexas Supreme Court · 1917
- McCartney v. McCartneyTexas Supreme Court · 1900
- Rushing v. Citizens' National Bank of PlainviewCourt of Appeals of Texas · 1913
- Gonzales v. Adoue & LobitTexas Supreme Court · 1900
- Sims v. StateCourt of Criminal Appeals of Texas · 2003
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