Legal Opinion

Phillips v. Henry

Court of Appeals of Texas

Decided February 23, 1911Published

Appeal from District Court, Fannin County ; Ben H. Denton, Judge. Action by W. I-I. Phillips, administrator, against Pat Henry and others. From a judgment for defendants, plaintiff appeals.

1Opinion of the CourtWillson, C. J.

This case has once before been before this court, on an appeal prosecuted, as this one is, from a judgment in favor of appellees, defendants below. A statement showing its nature will be found in 124 S. W. 184, where the first appeal is reported.

The testimony on the last trial was not different in any material respect from that on the other trial. Its sufficiency to make an issue as to- whether Patillo at the time he delivered the deed to Simpson intended to finally part with all control over it or not is the main question presented. The deed was dated May 9, 1905, and its execution was duly…

2Cases cited6 opinions

  1. Wilson v. WilsonIllinois Supreme Court · 1895
  2. Osborne v. EslingerIndiana Supreme Court · 1900
  3. Shults v. ShultsIllinois Supreme Court · 1895
  4. Griffis v. PayneTexas Supreme Court · 1898
  5. Mudd v. DillonSupreme Court of Missouri · 1901

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