For Your Data Harris V. Strawbridge Illustration Brief
September 01, 2019
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Harris v. Strawbridge illustration brief summary
330 S.W.2d 911 (1959)
CASE FACTS
The widow filed the minute activeness against or then of her slow husband's heirs, together with the petition was inwards the statutory degree of trespass-to-try championship amongst a claim for damages. The widow likewise claimed championship nether 3 statutes of limitations together with sought to reform an alleged deed from decedent to her, contending that past times mutual error the granting clause had been omitted. The widow urged that the activeness was to reform the alleged deed together with to take cloud from the title.
PROCEDURAL HISTORY
The jury decided that the widow had championship nether the 10 yr statute of limitation, the courtroom entered judgment for the widow, together with the lower appellate courtroom affirmed the judgment.
DISCUSSION
The courtroom reversed the lawsuit court's judgment inwards the widow's favor inwards the widow's activeness to recover championship to a tract of dry soil together with remanded the sweat for a novel trial.
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330 S.W.2d 911 (1959)
CASE SYNOPSIS
Defendant heirs challenged a ruling from the Court of Civil Appeals of Texas, Houston, which affirmed the lawsuit court's judgment inwards favor of plaintiff widow inwards the widow's activeness to recover championship to a tract of dry soil inwards Matagorda County.CASE FACTS
The widow filed the minute activeness against or then of her slow husband's heirs, together with the petition was inwards the statutory degree of trespass-to-try championship amongst a claim for damages. The widow likewise claimed championship nether 3 statutes of limitations together with sought to reform an alleged deed from decedent to her, contending that past times mutual error the granting clause had been omitted. The widow urged that the activeness was to reform the alleged deed together with to take cloud from the title.
PROCEDURAL HISTORY
The jury decided that the widow had championship nether the 10 yr statute of limitation, the courtroom entered judgment for the widow, together with the lower appellate courtroom affirmed the judgment.
DISCUSSION
- On farther appeal, the courtroom held that the illustration had non been fully developed.
- On or then other trial, the widow powerfulness last able to demo to a greater extent than extensive role of the belongings equally to heighten a fact effect that the heirs had constructive honour of the widow's claim.
- The bear witness did non back upwardly a championship inwards appellee past times limitation because the widow was non a tenant inwards mutual amongst the heirs if she was non the possessor nether the alleged deed.
- Because decedent executed an musical instrument that revoked a previous will, decedent died intestate equally to the belongings inwards question.
The courtroom reversed the lawsuit court's judgment inwards the widow's favor inwards the widow's activeness to recover championship to a tract of dry soil together with remanded the sweat for a novel trial.
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