Gibson v. Fifer
Texas Supreme Court
Appeal from Goliad. Tried below before Hon. James Webb. This was a suit brought to set aside a deed made by appellee to appellant’s intestate, upon the following allegations: Appellee alleged in his petition, that about the 1st of March, 1843, he executed a deed of conveyance to Gibson for one-half of his headright league of land; that the consideration named in said deed, of one thousand dollars, was nominal and never paid; that the inducement to make said conveyance was…
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Appeal from Goliad. Tried below before Hon. James Webb. This was a suit brought to set aside a deed made by appellee to appellant’s intestate, upon the following allegations: Appellee alleged in his petition, that about the 1st of March, 1843, he executed a deed of conveyance to Gibson for one-half of his headright league of land; that the consideration named in said deed, of one thousand dollars, was nominal and never paid; that the inducement to make said conveyance was the promise, agreement and undertaking on the part of said Gibson to take charge of appellee’s three children, to raise,…
1Opinion of the CourtWheeler, J.
That parol evidence is admissible to show notwithstanding the acknowledgment of the receipt of the purchase money in a deed, that the money was not, in fact, paid, is well settled. (Howard v. Davis, 6 Tex. R 174.) It is clear from the evidence, that no money was paid ; and that the deed was made upon an executory contract on the part of the defendant, to be performed in future ; but which he did not perform. The motive and inducement to the making of the deed therefore failed. There is, moreover, evidence of mental imbecility or weakness, and undue influence. The defendant appears to have…
2Cited by15 opinions
- Smith v. FlyTexas Supreme Court · 1859
- Gordon v. Rhodes & DanielTexas Supreme Court · 1909
- Whatley v. National Bank of CommerceCourt of Appeals of Texas · 1977
- Webster v. MannTexas Supreme Court · 1880
- Caddell v. CaddellCourt of Appeals of Texas · 1910
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