The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 63

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 63

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...It sought to enforce an alleged trust, created by operation of law, fifteen years after the facts and circumstances transpired out of which, it is claimed, the trust arose. The petition of appellee claimed that S. F. Noble, Jr. (who was the former husband of M. S. Cole, appellant), and during his coverture with her, purchased the land in controversy with two notes belonging to him, appellee, and wrongfully took the title in his own name. Appellant M. S. Cole, as sole heir of her deceased children by S. F. Noble, -Jr., and in her community right, held the legal title, and constructive possession under a deed which had been duly recorded for fifteen years. Appellants answered by demurrer; general denial; by plea of stale demand, wherein they alleged that the pretended trust arose more than ten years before the commencement of this suit, during which time appellee was conusant of the facts and circumstances out of which he claimed it arose; that the deed of S. F. Noble, Jr., was duly recorded in the Harris county record of deeds in August, 1867; that descent was cast by the death of S. F. Noble, J r., in December, 1867, etc. The case was tried by the judge, without the intervention of a jury, and judgment rendered in favor of appellee, WILLIE, CHIEF J USTIOE.--This cause was submitted to the judge below wi_thout the intervention of a jury, and his conclusions of law and fact are found in the record. Neither of the two assignments of error, relied upon in this court, questioned the correctness of his conclusions of fact, and hence they must be taken as correct, and more especially if borne out by the evidence. The eighth assignment of error (the only one relied on in appellants' original brief) claims that the uncontradicted more

Product details

  • Paperback | 348 pages
  • 189 x 246 x 18mm | 621g
  • United States
  • English
  • black & white illustrations
  • 1236817796
  • 9781236817792