Neyland v. Bendy

Citations

• 69 Tex. 711
• 7 S.W. 497
• 1888 Tex. LEXIS 925

Syllabus

<p>1. Trusts. — A trustee will not be heard to assert title in himself adverse to that of the eestui que trust, or to deny his title. In a suit by the eestui que trust to compel a reconveyance of land in accordance with the terms of the trust, the trustee can not defend by showing a superior outstanding title.</p> <p>2. Same — Limitation.—A trustee can not prescribe under the five years statute in a suit to compel a reconveyance in accordance, with the term of the trust deed under which he entered, except for that period of time which may elapse after he has repudiated the trust and given notice thereof to the cestui que trust.</p> <p>3. Practice — Motion to Suppress Depositions. — A motion to suppress depositions because the questions to the witness are leading, should be overruled when the motion fails to designate the specific questions deemed objectionable. This held in a case where some of the questions were leading and others were not.</p> <p>4. Trusts — Evidence.—It is error to charge that a parol trust can only be engrafted on a deed absolute by the clearest and most positive proof. Evidence that satisfies a jury of the existence of the parol trust is sufficient.</p> <p>5. Practice —An error which from its character involves a mixed question of law and fact, requiring an examination both of pleading and evidence, is not that character of error apparent from an inspection of the record, which the court will examine without an assignment of error.</p>