Arnold v. Leatherwood

Decided July 1, 1880

Texas Commission of Appeals · decided 1880-07-01

Opinion by Delaney, J. Statement.— The present case grew out of the case of Arnold v. Caudle, 49 Tex., 527. Mrs. Campbell, nee Mrs. Caudle, the vendor of appellee, was a plaintiff in that case, and appellant was a defendant therein, and appealed the case.

Decided 1880-07-01

¶1 *245Opinion.— Held, the court below properly held that there could be no constructive notice, as the deed was not recorded, and also gave a fair and proper charge as to actual notice by appellant of the deed from Mrs. Caudle and husband to appellee. The jury having found against appellant, and their verdict having evidence to sustain it, it will not be disturbed.

¶2Affirmed.