Legal Opinion

Smith v. Montes

Texas Supreme Court

Decided July 1, 1853PublishedCited by 21 opinions

Appeal from Bexar. Suit by plaintiff, Montes, to quiet the title to a lot of ground then in her possession. The allegations, evidence and instructions will be found in the opinion of the Court.

1Opinion of the Court

Hemphill, Ch. J.

The first ground of error is the overruling of defendant’s exception to plaintiff’s amended petition. There is no evidence of any action on this exception ; and whether it was well taken or not, will not now be considered.

The second assignment is to the third instruction of the Judge, on the ground that there was no allegation in the pleadings to warrant the charge, as given. The instruction was to the effect, that, if the jury believed the deed to Smith was obtained by fraud, or deceit, or was given as a security to save Smith harmless from any liability assumed by him, in…

2Cited by21 opinions

  1. Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
  2. Sweeten v. ParkTexas Supreme Court · 1955
  3. Thomson v. WeismanTexas Supreme Court · 1904
  4. Cook v. DennisTexas Supreme Court · 1884
  5. Knight v. KnightIllinois Supreme Court · 1899

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