Legal Opinion

Gossett v. Vaughan

Court of Appeals of Texas

Decided April 27, 1914No. 1307PublishedCited by 7 opinions

Appeal from District Court, Dallas County; Kenneth Foree, Judge. Action by Rufus 'A. Gossett against A. M. Vaughan, in which Catherine Vaughan, defendant’s wife, intervened. From a judgment for defendants, ifiaintiff appeals. By his deed dated July 16, 1912, A. M. Vaughan conveyed the property known as the “Richmond Plill addition to the city of Dallas” to his wife, Catherine Vaughan.

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Appeal from District Court, Dallas County; Kenneth Foree, Judge. Action by Rufus 'A. Gossett against A. M. Vaughan, in which Catherine Vaughan, defendant’s wife, intervened. From a judgment for defendants, ifiaintiff appeals. By his deed dated July 16, 1912, A. M. Vaughan conveyed the property known as the “Richmond Plill addition to the city of Dallas” to his wife, Catherine Vaughan. September 6, 1912, Vaughan, describing himself as the owner of 87 lots remaining unsold in said addition, and R. A. Gossett, a real estate broker, entered into a contract in writing, by the terms of which…

1Opinion of the Court

Gossett, appellant, insists the testimony demanded that judgment be rendered in his favor for $733.75 and for lot 20, in block H. and lots 3 and 4, in block I, and in favor of W. R. Gossett for lot 21, in block H. This insistence is based on the contract of November 14, 1912.

It is clear that the contention, at least so far as it applies to the lots, should be overruled; for the court was without power, in the absence of a contract on Mrs. Vaughan's part, executed with reference to the requirements of the law, to divest her of the title to the lots and vest same in appellant and W. R. Gossett.…

2Cases cited2 opinions

  1. Crescent Ins. v. CampTexas Supreme Court · 1885
  2. Munk v. WeidnerCourt of Appeals of Texas · 1895

3Cited by7 opinions

  1. Thompson v. CaldwellCourt of Appeals of Texas · 1929
  2. South Plains Coaches, Inc. v. BehringerCourt of Appeals of Texas · 1928
  3. Kiehn v. WillmannCourt of Appeals of Texas · 1919
  4. Snow v. PrinceTexas Commission of Appeals · 1929
  5. Dean v. GladneyDistrict Court, S.D. Texas · 1978

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