Heidenheimer v. Thomas
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Everett Lewis. Mattie Thomas, for herself and as next friend of her daughter Susie, aged six years, brought this suit on the 16th of June, 1882, against Heidenheimer & Richter, for the recovery of lot 16, in block 4, in the town of Weimar, and for the rental value thereof. On the 14th of October, 1881, the lot was a part of the homestead of Mattie and her husband, H. C. Thomas, and on that day they conveyed to Heidenheimer.
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Appeal from Colorado. Tried below before the Hon. Everett Lewis. Mattie Thomas, for herself and as next friend of her daughter Susie, aged six years, brought this suit on the 16th of June, 1882, against Heidenheimer & Richter, for the recovery of lot 16, in block 4, in the town of Weimar, and for the rental value thereof. On the 14th of October, 1881, the lot was a part of the homestead of Mattie and her husband, H. C. Thomas, and on that day they conveyed to Heidenheimer. He afterwards conveyed it to Richter, and the latter back again to the former. It was alleged that on the 14th of…
1Opinion of the Court
Stayton, Associate Justice.
The appellee seeks to set aside the deed purporting to have been made by herself and her deceased husband, on the grounds:
First. Because her husband was of unsound mind, and hence incapable of contracting, at the time the deed was executed.
Second. Because of alleged fraud in the manner in which her signature to the deed was obtained and want of privy examination.
The property in controversy constituted a part of the homestead of the appellee and her husband at the time the deed purported to have been executed.
The jury were instructed very fully in reference to the…
2Cases cited8 opinions
- Ann Berta Lodge, No. 42 v. LevertonTexas Supreme Court · 1874
- Leggate v. ClarkMassachusetts Supreme Judicial Court · 1873
- Fullerton v. DoyleTexas Supreme Court · 1856
- Cheek v. BellowsTexas Supreme Court · 1856
- Woolfolk v. RicketsTexas Supreme Court · 1874
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3Cited by31 opinions
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- Pearson v. CoxTexas Supreme Court · 1888
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