1875.] ADAMS '. HUFFMASTER. 15
Statement of the case.
S. R. ADAMS AND WIFE v. JOSiEPI HUFFMASTER ET AL.
FRAUD AND MISREPRESENTATION.-See allegations held sufficient
in a petition to avoid a deed.
APPEAL from Kaufman. Tried below before the Hon.
·John G. Scott.
This is a suit by Adams and wife, the object of which
is to annul a deed of conveyance made by them to Huffmaster,
July 11, 1870, on the ground that it was procured
by fraud. Originally the suit was brought by Adams alone.
His wife afterward was joined with him. The petition
alleged that July--, 1870, appellants' son was arrested for
the alleged theft of an ox, and by examining court bound
over in a bond of $800. IHuffmaster was the attorney of
young Adams on the occasion, employed by appellant,
'Adams, and together with him, became bail for his client.
It is charged in the original petition that IHuffmaster,
taking advantage of his relation to Adams and wife as
attorney, by false and deceitful representations and devices,
worked upon their fears and thereby induced them to
make the deed in question; that by false and deceitful
representations and devices he induced them to believe
that the said deed was only a security to him for whatever
losshe might sustain by reason of his becoming bail for
young Adams, while in fact it was an absolute deed conveying
the fee; that by his false and deceitful representations
and artful devices he induced them to make a deed
for one hundred and sixty acres of land, the same being
their homestead, including their dwelling-houses and all
of their improvements and all their land, when, in truth,
they intended and believed that they were only making a
deed as a security as aforesaid for one hundred acres, not
to include their home and improvements; that Huffmaster
wrote the deed; that. Adams and wife are illiterate, and
could not read it; that he falsely and fraudulently read it
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed March 4, 2015.