16 ADAMS v. HUFFMASTER. [Tyler Term,
Opinion of the court.
over to them so that they did not know the character of
the deed until advised, by their counsel; that when Huffmaster
had gotten the deed, he began to hold himself out
as the absolute owner of the land, and at the time of institution
of suit, November 14, 1870, was trying to sell the
same. It was also charged that the said deed grew out of
a transaction, as relates to Huffmaster, contrary to public
policy; that the land was worth $2,000 specie at the date
of the deed; that the consideration was grossly inadequate;
that the land was their homestead; that Manion,
the purchaser, knew the facts, and was law partner of
October term, 1872, a trial was had, and upon special
issues submitted, the jury found that the defendant procured
the deed by fraud; that the deed was for 160 acres;
and the invalidity of Manion's purchase.
A new trial was granted, and plaintiffs amended, setting
out carefully in detail the facts constituting the alleged
February 3, 1873, a general demurrer was filed by defendant,
and which being sustained judgment was rendered
for defendants, from which Adams and wife appealed.
.1. J. Hill, for appellants.
No brief for appellees.
MOORE, ASSOCIATE JUSTICE.--The only question presented
for our consideration in this case is, Did the court
err in sustaining a general demurrer to the original and
amended petitions? And to this question we are clearly
of opinion an affirmative answer only can be made. Indeed
we are somewhat at a loss to perceive upon what
view of the case the court based its judgment.
The object of the suit was to annul and cancel a deed
executed by Adams and wife to Huffmaster, which pur
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 28, 2015.