Hart v. Rust

Citations

• 46 Tex. 556

Syllabus

<p>1. Delivery oe deed.—The fact that a deed, after its delivery to the grantee, had been by him returned to the grantor, for safe keeping, during the minority of the grantee or during an expected absence, neither negatives or disproves its previous delivery, nor annuls or destroys its effect to pass title to the property embraced in it, as between the parties.</p> <p>2. Construction oe deed.—When an instrument is drawn in the form of a deed, and delivered as such, couched in appropriate language to indicate its purpose and have effect as such, the court will not, by construction, give it a different effect.</p> <p>3. Same.—An instrument made and delivered by a father to a son, purporting to convey lands and other property to a minor son, in carrying out a partition of the greater part of the father’s estate between the minor and a married sister, to whom a like share had been at the same time conveyed, and providing that the parents, or the survivor, shall have the possession during life, and in event of the death of the grantee without issue, and made at the same time that a will was written and signed, will not he construed, as between the grantee and the legal representatives of the father, to he a will, but will be held, as between such parties, a deed.</p> <p>4. Same.—biorwill the fact that sufficient property was not retained by the grantee, invalidate such a conveyance, as between the grantee and the legal representatives of the grantor.</p> <p>5. Same—Rights op creditors.—Only creditors or purchasers without notice of such deed, or parties holding under such, could attack the deed.</p> <p>6. Same.—A direct proceeding on the part of creditors, or for their use, would be required to reach the estate, conveyed by such deed, by having the conveyance annulled.</p> <p>7. Execution op power.—One of several trustees, in whom is vested the power to sell, cannot execute a conveyance that will pass title to the trust estate.</p> <p>8. Same—Executors.—Where two executo