Legal Opinion

Stoker v. Bailey & Goodjohn

Texas Supreme Court

Decided October 28, 1884No. Case No. 1700PublishedCited by 9 opinions

Appeal from. Camp. Tried below before the Hon. B. T. Estes. This suit was brought by appellees against John A. Stoker and his wife, M. L. Stoker, and A. T. Lightfoot and G. Seeligson & Co., who were made defendants by petition in trespass to try title.

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Appeal from. Camp. Tried below before the Hon. B. T. Estes. This suit was brought by appellees against John A. Stoker and his wife, M. L. Stoker, and A. T. Lightfoot and G. Seeligson & Co., who were made defendants by petition in trespass to try title. M. L. Stoker, joined by her husband, John A. Stoker, answered with plea of not guilty and a special plea setting up title to the lot in controversy as her separate property, alleging that the property was purchased xvith her separate means, and xvas not liable for debts of her husband. G. Seeligson & Co. answered, pleading several issues…

1Opinion of the Court

Stayton, Associate Justice.

This cause was tried by the court without a jury, and the conclusions of fact and law found by the court are found in the record, and also a statement of facts.

There is no material conflict in the evidence, and it proves with all reasonable certainty that the property was bought for Mrs. M. L. Stoker, and that it was paid for with her separate funds, and that the deed was made to her, and so stood of record at the time at which the appellees bought at the sale under execution against J. A. Stoker; and it further appears that the appellees had actual notice, before…

2Cited by9 opinions

  1. Evans v. WelbornTexas Supreme Court · 1889
  2. Smith v. J. J. Olsen & SonCourt of Appeals of Texas · 1900
  3. Stewart v. MarshburnCourt of Appeals of Texas · 1922
  4. Masterson v. BurnettCourt of Appeals of Texas · 1901
  5. Barnes v. McArthurCourt of Appeals of Texas · 1893

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