Stallings v. Hullum
Texas Supreme Court
Error to Court of Civil Appeals for Second District, in an appeal from Midland County. Suit by Mollie E. Stallings to cancel a deed by herself and husband conveying their homestead, which was alleged to have been obtained from her by fraud.
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Error to Court of Civil Appeals for Second District, in an appeal from Midland County. Suit by Mollie E. Stallings to cancel a deed by herself and husband conveying their homestead, which was alleged to have been obtained from her by fraud. The deed was adjudged void as to her and she was awarded a recovery of possession, but the conveyance was held effective to pass the husband’s interest when it should cease to be her homestead, and this judgment was, on her appeal, affirmed by the Court of Civil Appeals, whereupon she obtained writ of error.
1Opinion of the Court
GAINES, Ciiiee
The following statement and conclusions of fact by the trial court were adopted by the Court of Civil Appeals as a statement of this case; and neither the accuracy of the statement, nor the correctness of the conclusions, is questioned in this court:
“The suit was brought by the plaintiff, Mollie E. Stallings, to cancel a deed executed by her and her husband, J. E. D. Stallings, of date July 5, 1886. The deed purports to convey to the defendant, John A. Hullum, lots nos. 5 and 6, in block no. 57, in the town of Midland. Cancellation is sought on the grounds that the lots…
2Cases cited10 opinions
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