Mealy v. Lipp
Texas Supreme Court
Application for writ of error to the Court of Civil Appeals for the-Fourth District, in an appeal from Galveston County. Defendants in error, who were plaintiffs in the trial court, recovered a half interest in the property in controversy, as heirs of Wilhelmina Lipp, wife of Henry Lipp, who survived her, but subsequently died, leaving a will under which his executor, Wren, sold the property to defendant, Mealy.
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Application for writ of error to the Court of Civil Appeals for the-Fourth District, in an appeal from Galveston County. Defendants in error, who were plaintiffs in the trial court, recovered a half interest in the property in controversy, as heirs of Wilhelmina Lipp, wife of Henry Lipp, who survived her, but subsequently died, leaving a will under which his executor, Wren, sold the property to defendant, Mealy. This conveyance was held to pass the title to the half interest of Henry Lipp in the lot, which was community property, but not the interest of the deceased mother, which had…
1Opinion of the Court
GAINES, Chief Justice.
In passing upon the application in this case, we have not found it necessary either to determine the question whether the instrument executed by William C. Lipp and Amelia Lipp was a present conveyance of a third interest in the lot in controversy, or a mere contract to convey, or to decide whether, if the latter, the plaintiffs should have recovered a half interest in the property. In our view of the matter, in order to have raised these questions the record should have shown that the instrument was executed before the suit was brought. A conveyance pendente lite does…
2Cited by8 opinions
- Black v. BurdCourt of Appeals of Texas · 1953
- McGinnis v. McGinnisCourt of Appeals of Texas · 1954
- King v. KlohCourt of Appeals of Texas · 1928
- Mealy v. LippCourt of Appeals of Texas · 1897
- Lovenskiold v. CasasCourt of Appeals of Texas · 1921
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