Dotson v. Barnett

• Court: Texas Court of Appeals
• Writing for the Court: Williams
• Citation: Dotson v. Barnett, 41 S.W. 99, 16 Tex. Civ. App. 258 (Tex. App. 1897)
• Decision Date: 20 May 1897
• Parties: DOTSON v. BARNETT et ux.

41 S.W. 99

DOTSON v. BARNETT et ux.

Court of Civil Appeals of Texas.

May 20, 1897.

Appeal from district court, Jasper county; Stephen P. West, Judge.

Trespass to try title by Jesse Barnett and wife against Anthony Dotson. From a judgment for plaintiffs, defendant appeals. Affirmed.

W. W. Blake, for appellant.

WILLIAMS, J.

Appellee Jesse Barnett, about 10 or 12 years before the trial below, by verbal agreement bought from one Ben Red the 13 acres of land in controversy, a part of a tract of 56 acres then owned by Red. Appellee paid for the land, and at once took possession, built houses upon the land, and put it in cultivation. Some years afterwards he married, and he and his wife, the other appellee, have ever since lived upon and used the land as a homestead. About March, 1891, Jesse Barnett directed Red to make a deed for the land to appellant, and on that date the deed was accordingly executed by Red and wife, and duly acknowledged by the latter. The evidence conflicts as to the purpose for which this was done; appellee claiming that the deed was intended as a mortgage to secure appellant for advances made by him, and appellant claiming that it was an absolute sale, for a valuable consideration paid for it. The court below found this issue in appellant's favor. After this conveyance, Barnett executed a written contract, renting the land from appellant, and agreeing to pay him rent therefor; and for some of the years since, appellant has collected the rent by legal process. Barnett's wife had no connection with the sale of the land to appellant, and the rent contract. The evidence does not show that the land, when sold by Red to Barnett, was part of the homestead of the former, and the court below so found. On the 21st day of October, 1893, Red and wife duly executed a deed to appellees for the land, and on the 22d day of November, 1893, the latter brought this action of trespass to try title against appellant to recover it; and,...