Legal Opinion

Pool v. E. H. Chase & Co.

Texas Supreme Court

Decided July 1, 1876PublishedCited by 23 opinions

Appeal from Anderson. Tried below before the Hon. M. II. Bonner. This suit was instituted by Cora A. Pool for two purposes: 1st. To set aside a deed of trust executed by appellant and her husband to E. H. Chase & Co., to secure the payment of three promissory notes, payable to Chase & Co., due in two, four, and six months after date, and dated 3d October, 1873, upon the ground that the deed of trust purports to bind the separate property of appellant to pay the debts of her…

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Appeal from Anderson. Tried below before the Hon. M. II. Bonner. This suit was instituted by Cora A. Pool for two purposes: 1st. To set aside a deed of trust executed by appellant and her husband to E. H. Chase & Co., to secure the payment of three promissory notes, payable to Chase & Co., due in two, four, and six months after date, and dated 3d October, 1873, upon the ground that the deed of trust purports to bind the separate property of appellant to pay the debts of her husband; that said deed of trust was procured by the fraud of her husband; that the instrument was represented to her to…

1Opinion of the Court

Gould, Associate Justice.

There was no evidence whatever tending to charge appellees, or their agents, with notice' of either the deception and fraud, alleged to have been practiced on the plaintiff by her husband, or the alleged intoxication of the officer who took her separate acknowledgment, and his failure to read over and explain to her the deed of trust. In the absence of such evidence the certificate of the officer is conclusive of the facts therein stated. (Hartley v. Frosh, 6 Tex., 208; Williams v. Baker, 71 Penn. St. Rep., 482; Louden v. Blythe, 4 Harr., 532.)

The court did not err in…

2Cases cited2 opinions

  1. Hartley v. FroshTexas Supreme Court · 1851
  2. Stachely v. PeirceTexas Supreme Court · 1866

3Cited by23 opinions

  1. Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1942
  2. Stewart v. MillerCourt of Appeals of Texas · 1925
  3. Miller v. YturriaTexas Supreme Court · 1888
  4. Pure Oil Co. v. SwindallTexas Commission of Appeals · 1933
  5. Humble Oil Refg. Co. v. Clara May DowneyTexas Supreme Court · 1944

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