Burch v. Smith
Texas Supreme Court
Appeal from Travis. On. the 4th day of June, 1850, in the county of Fayette, in this State, Sarah Ann Burnham, widow of Alfred Burnham, in consideration of two hundred and fifty dollars, acknowledged to have been received, conveyed by writing under seal, to Sarah Burnham, of the county and State aforesaid, “ all and singular, my right, title, interest, “ claims or demands, in esse or in expectancy, as widow, or sur- “ viving wife, of the said Alfred Burnham, deceased.”
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Appeal from Travis. On. the 4th day of June, 1850, in the county of Fayette, in this State, Sarah Ann Burnham, widow of Alfred Burnham, in consideration of two hundred and fifty dollars, acknowledged to have been received, conveyed by writing under seal, to Sarah Burnham, of the county and State aforesaid, “ all and singular, my right, title, interest, “ claims or demands, in esse or in expectancy, as widow, or sur- “ viving wife, of the said Alfred Burnham, deceased.” On the 22d May, 1852, the said Sarah Ann brought this suit to set said conveyance aside on the ground of fraud. The…
1Opinion of the CourtWheeler, J.
There is no complaint of the instructions, or any ruling of the Court upon the trial; and the only question is whether the evidence was sufficient to warrant the verdict.
It is true that fraud will not be presumed, but must be ' proved ; and that mere inequality in the bargain, or inadequacy of consideration will not, in itself, afford a distinct ground for annulling a contract; yet fraud maybe proved by circumstantial evidence. It is not, in its nature, discernible by the direct evidence of the senses; and is usually so covert and concealed, or is attended with such attempts at concealment,…
2Cited by17 opinions
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- McKay v. TallyCourt of Appeals of Texas · 1920
- Noll v. BaidaCalifornia Supreme Court · 1927
- Ashmead v. ReynoldsIndiana Supreme Court · 1893
- Ryan v. WeinerCourt of Chancery of Delaware · 1992
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