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Gilbert v. McSpadden

Court of Civil Appeals of Texas
91 S.W.2d 889 (1936)


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.)

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