Grace v. Hanks

Citations

• 57 Tex. 14
• 1882 Tex. LEXIS 82

Syllabus

<p>li Evidence.— Though the testimony of a single witness to the declarations of a deceased person alleged to be a trustee, holding the legal title for another, is not sufficient to establish title to land in an alleged cestui que trust, in opposition to a deed which upon its face purports to convey the legal title to such alleged trustee, yet if the issue is raised that the deed was without consideration, and the vendee insolvent at the time of the purchase, and the evidence tends to establish these facts, the failure to produce evidence to the contrary, which, if true, was accessible, may authorize a verdict establishing the trust on such declarations.</p> <p>2. Case approved.— Lynn v. Le Gierse, 48 Tex., 138, approved.</p>