Boettcher v. Fehrenkemp

Court of Appeals of Texas

Boettcher v. Fehrenkemp

154 S.W.2d 237, 1941 Tex. App. LEXIS 790

CourtCourt of Appeals of Texas

DecidedJuly 18, 1941

DocketNo. 3861

StatusPublished

This text of 154 S.W.2d 237 (Boettcher v. Fehrenkemp) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Boettcher v. Fehrenkemp, 154 S.W.2d 237, 1941 Tex. App. LEXIS 790 (Tex. Ct. App. 1941).

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Opinion

COMBS, Justice.

The action was by appellees against appellants in trespass to try title. Appellants answered by plea of not guilty as to an undivided one-sixth interest in the land, and by disclaimer as to an undivided five-sixth interest. On trial to the court without a jury judgment was for appellees. No conclusions of fact and law were filed. The appeal was to the Galveston Court of Civil Appeals, and is on our docket by order of transfer by the Supreme Court.

Appellants’ briefs contain neither assignments of error nor propositions, for which reason we sustain appellees’ motion to strike.

Since appellees have briefed the case, we have examined the record for fundamental error, and find none. The evidence raised the issue, resolved in appel-lees’ favor by the court in entering the judgment, that the deed, which appellants claim was a mortgage, was in fact an absolute conveyance.

The judgment of the lower court is affirmed.

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COMBS, Justice.

The action was by appellees against appellants in trespass to try title. Appellants answered by plea of not guilty as to an undivided one-sixth interest in the land, and by disclaimer as to an undivided five-sixth interest. On trial to the court without a jury judgment was for appellees. No conclusions of fact and law were filed. The appeal was to the Galveston Court of Civil Appeals, and is on our docket by order of transfer by the Supreme Court.

Appellants’ briefs contain neither assignments of error nor propositions, for which reason we sustain appellees’ motion to strike.

Since appellees have briefed the case, we have examined the record for fundamental error, and find none. The evidence raised the issue, resolved in appel-lees’ favor by the court in entering the judgment, that the deed, which appellants claim was a mortgage, was in fact an absolute conveyance.

The judgment of the lower court is affirmed.

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154 S.W.2d 237, 1941 Tex. App. LEXIS 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boettcher-v-fehrenkemp-texapp-1941.