Gilbert v. McSpadden
Court of Civil Appeals of Texas
91 S.W.2d 889 (1936)
- Written by Sean Carroll, JD
Facts
In 1927, Tom Gilbert signed deeds conveying various tracts of land to his son and two daughters (defendants). Tom did not record the deeds and continued to maintain the tracts of land. In 1931, Tom traveled to his daughter’s house with the purported intent of delivering the deeds to be recorded. Tom arrived at the house late at night and went to bed. Tom died in his sleep. The next morning, Tom’s children found their father and the deeds. The children recorded the deeds. Georgia Gilbert (plaintiff) was the administratrix of Tom’s estate. Georgia brought suit, claiming that the deeds were not recorded, and therefore Tom’s estate owned the tracts of land. The lower court ruled in favor of Tom’s children, and Georgia appealed.
Rule of Law
Issue
Holding and Reasoning (Alexander, J.)
What to do next…
Here's why 803,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
