Baines v. Baker
Texas Supreme Court
Appeal from Collin. Tried below before the lion. Richard Maltbie, special judge. Baker brought this suit against Baines and wife to recover land described in the petition. Baker claimed the land by virtue of a judgment against W. C. Baines, in favor of Jno.
Read the full summary
Appeal from Collin. Tried below before the lion. Richard Maltbie, special judge. Baker brought this suit against Baines and wife to recover land described in the petition. Baker claimed the land by virtue of a judgment against W. C. Baines, in favor of Jno. D. Scott & Co., for $416.50, rendered April 5, 1871, and alias execution, levy, sale and sheriff’s deed, dated March 10, 1873. Mrs. Catharine Baines, one of the appellants, claimed the land by virtue of a deed of conveyance from W. C. Baines to her, dated November 11, 1872; it was also claimed that, at and for a long time prior to that…
1Opinion of the Court
Watts, J. Com. App.
This, though in form an action of trespass to try title, is in effect a proceeding to vacate and annul a conveyance from Baines to his wife of property claimed at the time to be their homestead, on the ground that it was made to hinder, delay and defraud his creditors. As indicated by the charge, the court seems to have treated the case as one coming within the operation *141of the statute of frauds. If, as claimed, the property was their homestead at the time of the conveyance, then the true issue would be as to whether the same was intended to, and did, pass the title as…
2Cases cited1 opinion
- Keabadour v. WeirTexas Supreme Court · 1857
3Cited by13 opinions
- Hudgins v. ThompsonTexas Supreme Court · 1919
- Drake v. Davidson & BaileyCourt of Appeals of Texas · 1902
- Osherow v. Porras (In Re Porras)United States Bankruptcy Court, W.D. Texas · 2004
- Gaar, Scott & Co. v. BurgeCourt of Appeals of Texas · 1908
- Jolesch & Chaska Co. v. HamptonCourt of Appeals of Texas · 1927
8 more not listed; retrieve them via the Exa API.