Legal Opinion

Graves v. Kinney

Texas Supreme Court

Decided January 30, 1902No. 1075PublishedCited by 43 opinions

Error to the Court of Civil Appeals, Third District, in an appeal from Travis County. Kinney sued McLauren, Graves and wife, and Richardson, to recover on a promissory note and foreclose a vendor’s lien. Plaintiff had judgment and Mrs. Graves appealed, and on affirmance obtained writ of error.

1Opinion of the Court

WILLIAMS, Associate Justice.

As appears from the conclu sions of the trial judge, the place in controversy was the homestead of I. B. and Elizabeth J. Graves and they were in possession of it as such throughout the transactions in question. I. B. Graves and M. H. McLaurin, in order to raise money for purposes of their own upon the security of the homestead, agreed upon a plan by which Graves and wife were to make a deed to McLaurin for the place and the latter was to execute his note to Graves, pretendedly for part of the purchase money. A de'ed was prepared for signature by Graves and wife,…

2Cases cited5 opinions

  1. Eylar v. EylarTexas Supreme Court · 1883
  2. Love v. BreedloveCourt of Appeals of Texas · 1890
  3. Hurt v. CooperTexas Supreme Court · 1885
  4. Heidenheimer Bros. v. StewartTexas Supreme Court · 1886
  5. Cole v. BammelTexas Supreme Court · 1884

3Cited by43 opinions

  1. Paris Grocer Co. v. W.H. BurksTexas Supreme Court · 1907
  2. National Bond & Mortgage Corp. v. DavisTexas Commission of Appeals · 1933
  3. Farm & Home Savings & Loan Ass'n of Missouri v. MuhlCourt of Appeals of Texas · 1931
  4. Calvin v. NeelCourt of Appeals of Texas · 1916
  5. Harris v. HamiltonTexas Commission of Appeals · 1920

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