Cole v. Bammel
Texas Supreme Court
Error from Harris. Tried below before the Hon. James Masterson. Plaintiff in error, M. S. Cole, a married woman, sued in. trespass to try title for a three-acre tract of land, and a'fractional part of an acre adjoining, situated in the city of Houston. Her husband refused to join her in the suit, and leave was granted her by the court to prosecute it alone. The plaintiff was the owner of the property sued for.
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Error from Harris. Tried below before the Hon. James Masterson. Plaintiff in error, M. S. Cole, a married woman, sued in. trespass to try title for a three-acre tract of land, and a'fractional part of an acre adjoining, situated in the city of Houston. Her husband refused to join her in the suit, and leave was granted her by the court to prosecute it alone. The plaintiff was the owner of the property sued for. After marriage with her husband, she, with him, acknowledged an instrument of writing, which purported to convey the land described in the petition. It recited a consideration of…
1Opinion of the Court
Willie, Chief Justice.
It clearly appears from the evidence in this cause that the appellant, a married woman, executed and acknowledged in the form prescribed by law, a deed to the property in controversy, which recited a consideration of $1,500; the name of the grantee being left blank in the conveyance. Also that this was the amount of money she was willing to take for the land, and that she never consented to take less, or authorized any one to deliver the deed upon payment of any other sum. It further appears that the deed was placed by her husband in the hands of Stockton to enable him…
2Cases cited7 opinions
- Berry v. DonleyTexas Supreme Court · 1863
- Davis v. KennedyTexas Supreme Court · 1883
- L. M. Wiley & Co. v. PrinceTexas Supreme Court · 1858
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- Hill v. Heirs of SpearTexas Supreme Court · 1878
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3Cited by35 opinions
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- Seay v. FennellCourt of Appeals of Texas · 1897
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