Ellis v. Mathews
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. John H. Reagan. Suit by appellees, Simon Mathews and his wife, Hannah Caroline Mathews, formerly Ellis, against the appellants, Hannah Ellis, the mother of said Hannah Caroline, and John J. Ellis, the brother of said Hannah Caroline, to recover a family of negroes, which they alleged the said defendants wrongfully detained.
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Appeal from Houston. Tried below before the Hon. John H. Reagan. Suit by appellees, Simon Mathews and his wife, Hannah Caroline Mathews, formerly Ellis, against the appellants, Hannah Ellis, the mother of said Hannah Caroline, and John J. Ellis, the brother of said Hannah Caroline, to recover a family of negroes, which they alleged the said defendants wrongfully detained. Plaintiffs filed as part of their petition, and as the title under which they claimed, a deed of gift from the said Hannah to the said Hannah Caroline, of said slaves, dated August 24th, 1847, witnessed by John Box, Jesse T.…
1Opinion of the CourtWheeler, J.
If the plaintiffs induced old Mrs. Ellis to sign the deed of gift by declaring that they did not intend to take the slaves out of her possession during her life, thus causing her to believe that she was not to be deprived of their service, and they intended the contrary, can it be doubted that it was a deceit? If it was upon the faith of this representation, that she executed the deed, and but for this she would not have signed it, must it not be an act of bad faith afterwards to violate the promise, or falsify the representation by dispossessing her ? It cannot be said that she ought not to…
2Cited by11 opinions
- International & Great Northern Railroad v. ShufordCourt of Appeals of Texas · 1904
- Varner v. CarsonTexas Supreme Court · 1883
- Buchanan v. DavisTexas Commission of Appeals · 1929
- Whitchurch v. CrawfordCourt of Appeals for the Tenth Circuit · 1937
- Caddell v. CaddellCourt of Appeals of Texas · 1910
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