Loving v. Milliken
Texas Supreme Court
Appeal from Parker. Tried below before the Hon. A. J. Hood. Suit by Susan D. Loving, joined by her son, G. B. Loving, against Sam. II. Milliken, to try title and for the possession of a lot of land in Parker county, worth $2,000, and also for the used rents of the same from the 1st day of January, 1881, worth $20 per month, and to remove a cloud from her title.
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Appeal from Parker. Tried below before the Hon. A. J. Hood. Suit by Susan D. Loving, joined by her son, G. B. Loving, against Sam. II. Milliken, to try title and for the possession of a lot of land in Parker county, worth $2,000, and also for the used rents of the same from the 1st day of January, 1881, worth $20 per month, and to remove a cloud from her title. The claim set up by appellee she averred to be, first, a deed, in form, made by plaintiff Susan D. Loving to her son and co-plaintiff, George B. Loving; and second, a deed, in form, made by G. B. Loving to appellee, both of which…
1Opinion of the Court
Willie, Chief Justice.—
As the judge who tried this cause without the intervention of a jury has not placed upon record his conclusions of law and fact, we are unable to know whether he= construed the deed from Geo. B. Loving to Milliken to be an absolute conveyance, and not a mortgage, or, holding it to be a mortgage, gave judgment for appellee because the full sum of money secured by it was not tendered in the petition. We are, therefore, compelled to consider both these grounds, and see if either was properly decided by the court below.
In determining whether an instrument is to be construed…
2Cases cited6 opinions
- Duty v. GrahamTexas Supreme Court · 1854
- Morrow v. MorganTexas Supreme Court · 1877
- Mann v. FalconTexas Supreme Court · 1860
- Gibbs v. PennyTexas Supreme Court · 1875
- Hannay v. ThompsonTexas Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Anglin v. Cisco Mortgage Loan Co.Texas Supreme Court · 1940
- Bradshaw v. McDonaldTexas Supreme Court · 1949
- Duke v. ReedTexas Supreme Court · 1885
- Humble Oil & Refining Co. v. AtwoodTexas Supreme Court · 1951
- Young v. BlainTexas Commission of Appeals · 1922
34 more not listed; retrieve them via the Exa API.