Powell v. Ott
Court of Appeals of Texas
Appeal from District Court, Bowie County; P. A. Turner, Judge. Action by S. S. Ott against John Powell. From a judgment for plaintiff, defendant appeals.
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Appeal from District Court, Bowie County; P. A. Turner, Judge. Action by S. S. Ott against John Powell. From a judgment for plaintiff, defendant appeals. December 3, 1888, L. C. Powell and bis wife, S. E. Powell, signed and duly acknowledged an instrument in writing as follows: “The State of Texas, County of Bowie: Know all men by these presents that we, Luke C. Powell and Mrs. S. E. Powell, husband and wife, for and in consideration of the love and affection we bear to John Powell, an adopted son, and for services rendered to us by said John Powell, have granted, bargained, sold and…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1] The parties agreed that the titles respectively asserted by them emanated from L. C. Powell and Mrs. S. E. Powell, his wife. Therefore it can be said that the legal effect of the deed to Stribbling was to vest in him a good and perfect title to the land in controversy, unless at the time the deed was executed it was> the homestead of appellant and his wife. If it was then their homestead, the interest or estate owned by them did not pass to Stribbling, because appellant’s wife did not join him in the execution of the deed purporting to convey same.…
2Cases cited11 opinions
- Clements v. LacyTexas Supreme Court · 1879
- Eckford v. KnoxTexas Supreme Court · 1886
- Wheatley v. GriffinTexas Supreme Court · 1883
- Coker v. RobertsTexas Supreme Court · 1888
- Abney v. DeLoachSupreme Court of Alabama · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Royal Neighbors of America v. FletcherCourt of Appeals of Texas · 1921
- Atkins v. SchmidCourt of Appeals of Texas · 1939
- Cooper Co. v. WernerCourt of Appeals of Texas · 1937
- Allee v. VadenCourt of Appeals of Texas · 1937
- Stanton v. FranklinCourt of Appeals of Texas · 1921
10 more not listed; retrieve them via the Exa API.