McCombs v. Abrams

To empirically affirm the evidence to be undisputed on all the controlling issues in this controversy does not make it so, and upon examining the statement of facts, this member of the court has not found that to be its state, concluding rather that, under appropriate pleadings, it raised legally material issues of fact for the jury concerning at least these features:(1) Whether the deed from Paul McCombs to W. H. Abrams of March 1, 1906, was in the exercise by McCombs of his power as community survivor to sell the lands it owned.(2) Whether any interest in the lands described in that deed…