Faville v. Robinson
Texas Supreme Court
Application for writ of error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. Mrs. Kate Robinson, joined by her husband, sued Margaret Fa-ville and another, seeking the cancellation of .a deed, the establishment of a trust, or damages. Judgment was rendered for the defendants on a demurrer sustained to the petition, and plaintiffs appealed.
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Application for writ of error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. Mrs. Kate Robinson, joined by her husband, sued Margaret Fa-ville and another, seeking the cancellation of .a deed, the establishment of a trust, or damages. Judgment was rendered for the defendants on a demurrer sustained to the petition, and plaintiffs appealed. The judgment was reversed, holding the petition sufficient to establish a trust (203 S. W., 68). Appellees, defendants below, asserting a conflict of decisions, applied to the Supreme Court for writ of error, which is…
1Opinion of the CourtChief Justice Phillips
The suit was one where, according to her petition, the plaintiff, Mrs. Kate Robinson, was induced to convey to her mother, M”s. Margaret Faville, a certain interest in real estate upon the mother’s oral representation and promise that at her death she would devise to the plaintiff her entire interest in the property; which agreement was afterwards repudiated by the mother; and because of which the plaintiff sought to have the property impressed with a trust to the extent of the interest conveyed.
It is clearly and rightfully the rule in this State, as was held by the Court of Civil Appeals,…
2Cases cited2 opinions
- Allen v. AllenTexas Supreme Court · 1908
- Clark v. HaneyTexas Supreme Court · 1884
3Cited by48 opinions
- Thigpen v. LockeTexas Supreme Court · 1962
- Binford v. SnyderTexas Supreme Court · 1945
- Pacific American Gasoline Co. of Texas v. MillerCourt of Appeals of Texas · 1934
- Hall v. MillerCourt of Appeals of Texas · 1941
- Tolle v. SawtelleCourt of Appeals of Texas · 1952
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