Senter v. Isham
Court of Appeals of Texas
Appeal from District Court, Rains County; Geo. B. Hall, Judge. Suit by L. O. Isham and others against B. F. Senter and others. Judgment for plaintiffs, and defendants appeal. This was a suit by appellees, children and heirs of W. O. Isham, deceased, against B. F. Senter and Bill Senter to cancel a deed executed by said W. 'o. Isham June 22, 1920, conveying certain land in Rains county to said B. F. Senter.
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Appeal from District Court, Rains County; Geo. B. Hall, Judge. Suit by L. O. Isham and others against B. F. Senter and others. Judgment for plaintiffs, and defendants appeal. This was a suit by appellees, children and heirs of W. O. Isham, deceased, against B. F. Senter and Bill Senter to cancel a deed executed by said W. 'o. Isham June 22, 1920, conveying certain land in Rains county to said B. F. Senter. Appellees alleged as a reason why the deed should be canceled that the mind of said W. O. Isham was so impaired at the' time he executed it “that (quoting) he did not understand the nature…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). [1] The theory on which it is urged that the finding that W. O. Isham, at the time he executed the deed to B. F. Sen-ter, “did not have sufficient mind to understand the nature and effect of the contract entered into in the deed,” was not supported by testimony the court had a right to consider, seems to be predicated on the view that the appellees who testified on the trial of the case were not competent witnesses because of article 3690, Yernon’s Statutes, which provides that—
“In actions by or against executors, administrators or guardians, in which…
2Cases cited5 opinions
- Waters-Pierce Oil Co. v. CookCourt of Appeals of Texas · 1894
- Hobbs v. CampbellTexas Supreme Court · 1891
- Reynolds v. ReynoldsCourt of Appeals of Texas · 1920
- Farias v. SalasCourt of Appeals of Texas · 1922
- Montfort v. DavissCourt of Appeals of Texas · 1920
3Cited by2 opinions
- Grand Lodge, Colored K. P. of Grand Jurisdiction v. SanfordCourt of Appeals of Texas · 1926
- McKenzie v. LewisCourt of Appeals of Texas · 1937