American Freehold Land Mortgage Co. of London v. Pace
Court of Appeals of Texas
Appeal from Travis. Tried below before Hon. P. G-. Morris. Special charge number 3, requested by plaintiff in the trial court, was as follows: “You are instructed that unless the defendants Pace and wife established mutual mistake or fraud on the part of plaintiff in the execution of the deed of trust by a preponderance of the testimony, you -will find for plaintiff on these issues.”
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Appeal from Travis. Tried below before Hon. P. G-. Morris. Special charge number 3, requested by plaintiff in the trial court, was as follows: “You are instructed that unless the defendants Pace and wife established mutual mistake or fraud on the part of plaintiff in the execution of the deed of trust by a preponderance of the testimony, you -will find for plaintiff on these issues.” The following was applicant’s thirteenth assignment of error: “The court erred in not granting the motion of plaintiff for a new trial and setting aside the verdict and judgment rendered herein, because by said…
1Opinion of the Court
FISHER, Chief Justice.
This suit was instituted by the appellant March 23, 1896, against appellees Charles Pace and wife Jessie Pace, and one W. H. Richardson, upon a note of date February 20, 1893, executed by Charles Pace and due November 1, 1896, and to foreclose a deed of trust executed at the same time by Pace and wife upon certain lands therein described, to secure said note.
The description of the land, as given in the deed of trust and as stated in appellant’s petition, is as follows:
“Three hundred (300) acres, more or less, a part of the T. Bissell league, beginning at the ET. W. line…
2Cases cited35 opinions
- Texas Land & Loan Co. v. BlalockTexas Supreme Court · 1890
- Labbe v. CorbettTexas Supreme Court · 1888
- Briscoe v. BronaughTexas Supreme Court · 1846
- Houston & Great Northern R. R. v. WinterTexas Supreme Court · 1876
- Conn v. HaganTexas Supreme Court · 1900
30 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Carl v. SettegastTexas Commission of Appeals · 1922
- Kennedy v. BrownCourt of Appeals of Texas · 1938
- Gulf Production Co. v. PalmerCourt of Appeals of Texas · 1921
- Akers v. SinclairWashington Supreme Court · 1950
- Collins v. ChipmanCourt of Appeals of Texas · 1906
37 more not listed; retrieve them via the Exa API.