Hubbard v. Cox
Texas Supreme Court
Appeal from Fayette. Tried below before Hon, H. Teichmueller. ¡November 22, 1888, Cox sued Hubbard, alleging that he was the owner and in possession of forty acres of land described in his petition, to "which appellant was asserting a claim which clouded appellee^ title to the land and obstructed his free use and enjoyment of the same, and the sale thereof.
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Appeal from Fayette. Tried below before Hon, H. Teichmueller. ¡November 22, 1888, Cox sued Hubbard, alleging that he was the owner and in possession of forty acres of land described in his petition, to "which appellant was asserting a claim which clouded appellee^ title to the land and obstructed his free use and enjoyment of the same, and the sale thereof. He also sued to recover a deed to said land made to him by a Mrs. P. W. Davis on the 27th day of June, 1888, and of which appellant had wrongfully deprived him. Finally he sued to recover the sum of •$1000 which he alleged appellant had…
1Opinion of the Court
COLLARD, Judge.
Both the questions involved in this case are mixed questions of law and fact. Was the deed of Mrs. Davis to Cox delivered by her and accepted by him? And was the money so delivered and accepted ?
When these questions are answered in the affirmative or negative, no other points need be considered.
If she had absolutely conveyed the land and the money to Cox she could not afterwards dispose of the same by gift or will. If she had not parted with the title to the land the will must have effect; and if she had not given and delivered him the $1000, but only intended at one time to do…
2Cases cited4 opinions
- Dikes v. MillerTexas Supreme Court · 1859
- Tuttle v. Turner, Wilson & Co.Texas Supreme Court · 1866
- Van Hook v. WaltonTexas Supreme Court · 1866
- McLaughlin v. McManigleTexas Supreme Court · 1885
3Cited by32 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- Huff v. CrawfordTexas Supreme Court · 1896
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Earl v. MundyCourt of Appeals of Texas · 1921
- Peterson v. WeinerCourt of Appeals of Texas · 1934
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