Legal Opinion

Metcalfe v. Lowenstein

Court of Appeals of Texas

Decided April 27, 1904PublishedCited by 11 opinions

Appeal from the District Court of Dallas. Tried below before Hon. Richard Morgan.

1Opinion of the Court

JAMES, Chief Justice.

Rosa Lowenstein, joined by her husband, brought this suit against W. A. Metcalfe for the reformation of a deed from said Metcalfe to said Rosa Lowenstein, dated May 18, 1898, upon the ground of inadvertence and mistake. The substantial averments of the petition are that on January 15, 1898, she and her husband made a deed to Metcalfe for lot No. 3 in block No. 3 in a certain subdivision in Dallas, at Metcalfe’s instance, without any consideration, with the agreement that Metcalfe would in a short time thereafter reconvey the property to plaintiff Rosa Lowenstein, it being…

2Cases cited2 opinions

  1. Cotton States Building Co. v. JonesTexas Supreme Court · 1901
  2. Scott v. Texas & Pacific Railway Co.Texas Supreme Court · 1900

3Cited by11 opinions

  1. Armour & Co. v. TomlinTexas Commission of Appeals · 1933
  2. Armour & Co. v. TomlinCourt of Appeals of Texas · 1931
  3. Wichita Falls, R. & Ft. W. Ry. Co. v. CombsTexas Commission of Appeals · 1925
  4. Southwestern Portland Cement Co. v. McBrayerCourt of Appeals of Texas · 1911
  5. Lott v. DashiellCourt of Appeals of Texas · 1921

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