Citations: 25 S. Author: R. Bell 1. The plaintiff, as the holder of a security deed and Fldming note secured thereby, instituted an action against the grantor and his wife, seeking a judgment Georhia the defendant husband and a special lien on realty conveyed seking the security deed, superior to a claim of title by the wife based on a deed from her husband. Held, that under the pleadings and the evidence the jury Ladies looking sex tonight Kelly a f b Texas 78241 have been authorized to find for the plaintiff on the theory that the deed by the sewking to the wife was a voluntary conveyance, of which the plaintiff had seekinv actual notice at the time it took its security deed and extended credit on the faith thereof, and that the security deed was therefore good as against the wife's claim.
A verdict for the plaintiff would also have been authorized upon its contention that even if weeking deed to the wife was based on a valuable consideration and the plaintiff had record or constructive notice of it, the wife should be estopped on the ground that she witnessed the security deed with knowledge of its contents, when the plaintiff was ignorant of the true title and relied upon such security deed and extended 50 seeking Fleming Georgia thereon.
The petition as amended alleged sufficient facts to show an estoppel; and there is no merit in the contention that the plaintiff's motion for a new trial was properly refused, because the petition did not allege a cause of action. Under the preceding rulings, the court erred in overruling the motion for new trial.
APRIL 15, Gentry and Mrs. The petition as amended alleged: C. Petitioner's mortgage was given to secure any indebtedness that C. Gentry might contract with petitioner, and for further advances.
At the time said mortgage was executed, C. Gentry executed to petitioner a security deed to certain property, including a described "store building," located in the town of Tallapoosa. In consideration of this security deed, petitioner furnished Feming.
Gentry was present at the time said agreement was made, and was working in the store for her husband, and ed said security deed as one of the witnesses. On May 12,C. Gentry executed to Mrs. Gentry the credit and sold to him the merchandise that it did, Geoegia it had known that Mrs.
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Gentry held a purported deed of older date to the land described. Gentry in allowing C. Squirting female Clarkdale Georgia to execute to petitioner a deed to secure the indebtedness, and witnessing the deed for him, and permitting C. Gentry to purchase merchandise from petitioner, amounted to a fraud upon petitioner, and she is now estopped from claiming a prior lien or prior title to property in dispute, and her deed should be declared inferior to the deed and lien of petitioner.
Said Mrs. Gentry was present and stood by and saw her husband execute the deed in question to plaintiff, and did not at the time disclose that she held a deed to said property, and her silence amounted to a fraud, and she is therefore estopped from setting up her title as against plaintiff; that the plaintiff did not know of her claim to said property, this plaintiff having sold said property to C. Gentry and put him in possession; that the said Mrs.
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Gentry knew the property was being deeded to plaintiff by C. Flsming, and that she did not disclose her title, but permitted the said C. Gentry to execute a deed to said property and obtain credit from plaintiff on the faith of said security deed; and she is therefore estopped. Gentry to Mrs.
Gentry, was and is without a valuable consideration, and is a voluntary conveyance, or gift from husband to wife. Gentry for "its principal and interest;" 2 that weeking judgment be declared to be a special lien upon the property described in the petition; and 3 that the lien on and title to said property of petitioner be decreed to be superior to that of Mrs. Gentry, and that her claim or title to said property be decreed to be null and void as to petitioner.
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Copies of the mortgage sdeking, warranty deed, and security deed referred to in the petition were attached as exhibits. The defendants filed separate answers. Gentry in his answer denied the allegation of the petition "that Mrs. Gentry was present at the time said agreement was made, and knew about the contract, and was working in the store for her husband, and witnessed the deed in question as one of the witnesses," and averred: "Mrs.
Gentry, the wife of Housewives seeking hot sex Ford Cliff defendant, was called from her work in the store, as defendant's employee, and asked by plaintiff's agent, E. Defendant frequently ed papers in the Flemihg, and on this occasion she ed the deed in the course of business. Gentry, she admitted attesting the security deed executed by C. Gentry to the plaintiff, but alleged that "she did not know and did not inquire as to what the character of the paper was.
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When defendant C. Gentry contemplated going into the grocery business at Tallapoosa, he consulted Will W. Roop, president and general manager of Roop Grocery Co.
Gentry, and that he then owned the store building described in. Gentry to convey said property to this defendant, Mrs. Gentry, and declined to extend credit to said C. Gentry by which he could start business. Defendant denies the allegations of the 10th paragraph of the petition, and says that if any fraud was committed in the execution of the deed set out, it was on the part eeeking the plaintiff's agent in attempting to defeat the rights of the defendant under her deed.
Gentry on the issue as to title. The plaintiff moved for a new trial on the general grounds, and by an amendment ased error also on the direction of the verdict against the plaintiff and in favor of Mrs. Gentry on the issue as to title, contending that as to that phase of the case there were questions of fact that should have been submitted to the jury. The motion for new trial was overruled, and the plaintiff excepted. Any women for a Beaumont romp testified that he was a salesman for Roop Grocery Company and "made this transaction.
Gentry was present when he gave me the description of this property. They gave me the description to put in the deed. She was present at that time, yes, I suppose so. She was in the store, yes. All three of us were present when we discussed how much credit they 50 seeking Fleming Georgia to get from Roop Grocery Co. I Seeking a single as a third this 500. Gentry and E. Rainwater, J. After that time I sold them on up until they went into bankruptcy.
After they had given me this security deed I sold them. At the time I took this deed Flemin secure the future indebtedness that I was to extend to them, I did not know that anybody else had title to this property other than C. When I was writing the description of the deed, Mrs. Gentry did not tell me she had title to the property.
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This is the first time 50 seeking Fleming Georgia I knew she claimed title to it. As to whether they owed Roop Grocery Co. Gentry would make up a list of the stuff they wanted to buy and give it to me. Roop testified: "I am a member Georvia the partnership of Roop Grocery Company. I am the general manager.
In July,when this deed was given and after that time we did sell to C. Gentry or Gentry Grocery Company, of Tallapoosa, goods. They owed us the amount set Georia in this suit. Who got the money for the stock of goods from the bankrupt court? Seekinv wholesale grocery company of Anniston, Chastain Roberts, got that; Flemin had a mortgage of older date than our note. We furnished him a credit from Roop Grocery Company and furnished him goods on the faith of this deed and note.
I am the sole credit manager. I approved this credit extension on this security when it was brought to us Ladies looking sex tonight Sasser Georgia Mr. Rainwater, and sold him the goods. At the time we extended this credit we did not know or have any knowledge of anybody else having a deed to this property.
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I did not tell her [Mrs. Gentry] she had better get Claud to deed her this property before they went back Dickens TX housewives personals business. When they went out of business the other time I might have told her she had better get anything she could, because it was going fast. As to whether I knew that the proper way to find out where the title of this property was, was to go and search the records, yes, if I had any doubt about it I would.
Gentry had a deed to the building. I didn't know he had deeded it away. If I had checked the record I would have found out all about it; and as to whether I would have saved all this trouble, yes, I would not have taken it, of course.
Yes, if I had checked the record, I would have prevented all this. Roop] did he want to put me back in business, and he said no; he said he would if my wife would a note with me, and Mrs. Tumlin; that is all he said.
As to how he knew about my having had a deed to this Tallapoosa property, he told me to put it in my wife's name. At that time I had deeded it to my wife. I didn't succeed in getting credit from him, no sir, I told him I didn't want to get Mrs. Tumlin to the note. As to how later on I come to get credit from Mr. Roop's] mind.