Bonner v. Stephens
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. Jo Abbott. Trespass to try title to two tracts of land in Johnson county. The defendants were George W. Stephens and Zilpa Stephens, his wife. Answer of general demurrer, general denial and a plea of not guilty. The plaintiff’s title was derived thus: He recovered a judgment against the defendant, G. W. Stephens, before a justice of the peace. Under that judgment plaintiff bought the land and received the constable’s deed.
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Appeal from Johnson. Tried below before the Hon. Jo Abbott. Trespass to try title to two tracts of land in Johnson county. The defendants were George W. Stephens and Zilpa Stephens, his wife. Answer of general demurrer, general denial and a plea of not guilty. The plaintiff’s title was derived thus: He recovered a judgment against the defendant, G. W. Stephens, before a justice of the peace. Under that judgment plaintiff bought the land and received the constable’s deed. The land was claimed by Mrs. Zilpa Stephens as her separate property under the following state of facts: In 1878, long…
1Opinion of the Court
Delany, J. Com. App.
Our opinion is that the court did not err in holding that the facts and circumstances developed in this cause were sufficient to put a prudent man upon inquiry as to the wife’s claim to the land.
All the parties lived in the town of Cleburne. The plaintiff and his attorney were well acquainted with the defendants, and knew the husband to be insolvent. It does not appear that the defendants had recently owned any property except the land in controversy, and the two lots which they had, just before the levy, exchanged for this land. But it does appear that the mother of Mrs.…
2Cases cited1 opinion
- Wallace & Co. v. CampbellTexas Supreme Court · 1880
3Cited by2 opinions
- Smith v. J. J. Olsen & SonCourt of Appeals of Texas · 1900
- Gatlin v. StreetCourt of Appeals of Texas · 1905