Martin v. Martin
Court of Appeals of Texas
Appeal from District Court, Cass County; H. F. O’Neal, Judge. Suit by W. A. Martin and others against Rufe Martin. From the judgment, plaintiffs appeal.
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Appeal from District Court, Cass County; H. F. O’Neal, Judge. Suit by W. A. Martin and others against Rufe Martin. From the judgment, plaintiffs appeal. Cus Martin and Rufe Martin were the only children of J. L. Martin and his wife, Mary, who died about 18S0. J. L. Martin and his said wife owned as a part 'of the community estate between them (it is inferred from the testimony in the record) a tract of land, which he sold after her death for about $000. Afterward, while he was a widower, said J. L. Martin purchased a tract of 160 acres. By a deed dated April S, 1889, he, joined by his then…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above.) [1-3] We agree with appellants that the recital in the deed to Rufe Martin set out in the statement above was contractual in the sense that it was subject to the parol evidence rule (17 Cyc. 567 et seq.; Kahn v. Kahn, 94 Tex. 114, 58 S. W. 825); and further that the plain meaning of the recital was that the acceptance by Rufe Martin of the deed containing it was to operate as a relinquishment by him of every claim he then had and of every claim he thereafter might have to property then owned by J. L. Martin and to property which said J. L. Martin thereafter…
2Cases cited4 opinions
- Kahn v. KahnTexas Supreme Court · 1900
- Barre v. DaggettTexas Supreme Court · 1913
- In re Simon's EstateMichigan Supreme Court · 1909
- Daggett v. BarreCourt of Appeals of Texas · 1911
3Cited by8 opinions
- Kansas City Life Ins. Co. v. HudsonCourt of Appeals of Texas · 1934
- Chandler v. HarttCourt of Appeals of Texas · 1971
- Petty v. GriffinCourt of Appeals of Texas · 1922
- Holley v. MucherCourt of Appeals of Texas · 1942
- Davis v. AydelottCourt of Appeals of Texas · 1922
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