Johnson v. Bryan
Texas Supreme Court
Appeal from Kaufman. Tried below before the Hon. Green J. Clark. Appellants and others, as the heirs of Amanda McDonald, deceased, brought this suit to recover an undivided interest in land described in the petition; asserting that Mrs. McDonald, during her life and while under coverture, made a pretended deed to Bryan for the interest sought to be recovered, which was void, as the acknowlment thereof was not in compliance with the statute.
Read the full summary
Appeal from Kaufman. Tried below before the Hon. Green J. Clark. Appellants and others, as the heirs of Amanda McDonald, deceased, brought this suit to recover an undivided interest in land described in the petition; asserting that Mrs. McDonald, during her life and while under coverture, made a pretended deed to Bryan for the interest sought to be recovered, which was void, as the acknowlment thereof was not in compliance with the statute. They also asked that the deed be canceled, and also for partition. The original petition was filed April 24, 1882, and the amended petition December 5,…
1Opinion of the Court
Watts, J. Com. App.
That Mrs. McDonald’s deed to F. B. Bryan is invalid admits of no question; both the certificate and the evidence of the officer before whom the purported acknowledgment was taken unmistakably show that he did not explain the deed to her as prescribed by the statute. Langton v. Marshall, 59 Tex., 296; *625Johnson v. Taylor, 60 Tex., 369; Fitzgerald v. Turner, 43 Tex., 79; Berry v. Donley, 26 Tex., 745.
To that extent the court below entertained the correct view respecting the effect of that instrument. But it was successfully asserted in that court that Mrs. McDonald by her acts…
2Cases cited5 opinions
- Johnson v. TaylorTexas Supreme Court · 1883
- Fitzgerald v. TurnerTexas Supreme Court · 1875
- Yancy v. BatteTexas Supreme Court · 1877
- Langton v. MarshallTexas Supreme Court · 1883
- Hill v. Heirs of SpearTexas Supreme Court · 1878
3Cited by51 opinions
- Bell v. State Department of Highways & Public Transportation, Texas Court of Appeals, 1st District (Houston)1997
- Andrews Et Ux. v. SEC. Bank of W. F.Texas Supreme Court · 1932
- Schulz v. L. E. Whitham & Co.Texas Supreme Court · 1930
- Hawk v. E.K. Arledge, Inc., Texas Court of Appeals, 11th District (Eastland)2003
- Miller v. Texas & Pacific Railway Co.Supreme Court of the United States · 1890
46 more not listed; retrieve them via the Exa API.