Carlton v. Cameron
Texas Supreme Court
Appeal from Brazos. Tried below before the Hon. Spencer Ford. Action of trespass to try title and for partition of the southwest half of the northeast half of the Abner Lee, Jr., league, situated in Brazos county; the plaintiff claiming one-half of the same.
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Appeal from Brazos. Tried below before the Hon. Spencer Ford. Action of trespass to try title and for partition of the southwest half of the northeast half of the Abner Lee, Jr., league, situated in Brazos county; the plaintiff claiming one-half of the same. The defendant pleaded general demurrer, plea of not guilty, and the statutes of limitations of three, five and ten years; to which the plaintiff replied by supplemental petition, excepting specially to the plea of improvements in good faith, denying the plaintiff’s right to recover, and claimed the value of the rents for the time the land…
1Opinion of the Court
Gould, Associate Justice.
Although the instrument of July 16, 1836, had the form of a deed, and was placed upon record, it was nevertheless testamentary in its character, and inoperative as a deed, if the intention of the maker appears to have been that it should take effect only on his death. LooMng to the terms of the instrument, the nature of the reservation, and of the estate to be created, and bearing in mind that the court below, acting without a jury, passed upon all questions of fact, we are of opmion that the court did not err in its judgment, if it was based on its opimon that the…
2Cases cited1 opinion
- Ferguson v. FergusonTexas Supreme Court · 1864
3Cited by19 opinions
- Hunt v. HuntCourt of Appeals of Kentucky · 1904
- Trumbauer v. RustSouth Dakota Supreme Court · 1915
- Matthews v. MosesCourt of Appeals of Texas · 1899
- Whitmore v. HayWisconsin Supreme Court · 1893
- Peterson v. WeinerCourt of Appeals of Texas · 1934
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