natural presumption (Texas) · Go Syfert
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natural presumption in Texas

17 Texas opinions name it 2 courts 1878–2022 3 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Atlantic Cleaners & Dyers, Inc. v. United Statesgreen
scotus · 1932 · cited in 5 Texas opinions naming this issue, 2015–2022
2 sentences

2022Cleaners & Dyers, Inc. v. United States, 286 U.S. 427, 433 (1932))). 11 doing, it relied on dictionary definitions of “operates”—“to cause to function usu[ally] by direct personal effort”—and “operation”—“doing or performing especially of action.” 393 S.W.3d at 428–30 (citing WEBSTER’S THIRD NEW INTERNATIONAL DICTIONARY (2002)).

2019Code § 305.2 (24) (defining “operator” for chapter 305). 14 2015) (“Generally, the law recognizes ‘a natural presumption that identical words used in different parts of the same act are intended to have the same meaning.’” (quoting Atlantic Cleaners & Dyers v. United States, 286 U.S. 427, 433 (1932))); Sheshunoff v. Sheshunoff, 172 S.W.3d 686, 692 (Tex. App.—Austin 2005, pet. denied) (noting that courts presume that same terms used in same connection in different statutes have same meaning); see also Rodriguez, 997 S.W.2d at 254 (“We construe administrative rules, which have the same force as

35
Rsui Indemnity Company v. the Lynd Companygreen
tex · 2015 · cited in 2 Texas opinions naming this issue, 2021–2022
2 sentences

2022Co. v. The Lynd Co., 466 S.W.3d 113, 126 (Tex. 2015) (“Generally, the law recognizes ‘a natural presumption that identical words used in different parts of the same act are intended to have the same meaning.’” (quoting Atl.

2021Co. v. Lynd Co., 466 S.W.3d 113, 126 (Tex. 2015) (“Generally, the law recognizes ‘a natural presumption that identical words used in different parts of the same act are intended to have the same meaning.’”) (quoting Atl.

22
Tarpley v. Poage's Adm'rgreen
· 1847 · cited in 2 Texas opinions naming this issue, 2000–2021
2 sentences

2021Ass’n v. Corsi, 682 S.W.2d 246, 250 (Tex. 1984); Cohrs v. Scott, 338 S.W.2d 127, 130 (Tex. 1960); Morrison v. Farmer, 213 S.W.2d 813, 815 (Tex. 1948); Tarpley v. Poage’s Adm’r, 2 Tex. 139, 150 (Tex. 1847) (“This [purchase money resulting trust] doctrine, according to Mr. Justice Story, has its ‘origin in the natural presumption, in the absence of all rebutting circumstances, that he who supplies the money means the purchase to be for his own benefit, rather than that of another, and that the conveyance in the name of another is a matter of arrangement and convenience between the parties for co

2000This doctrine, according to Mr. Justice Story, has its 'origin in the natural presumption, in the absence of all rebutting circumstances, that he who supplies the money, means the purchase to be for his own benefit, rather than that of another — and that the conveyance in the name of another, is a matter of arrangement and convenience between the parties for collateral purposes.’ ” Id. at 150 (citations omitted). 2 .

22
First State Bank of Corpus Christi v. Akegreen
texapp · 1980 · cited in 2 Texas opinions naming this issue, 2015–2016
2 sentences

2016See First State Bank of Corpus Christi v. Ake, 606 S.W.2d 696, 701 (Tex. App.—Corpus Christi 1980, writ. ref’d) (“Likewise, if a reasonable person would recognize that an act creates an unreasonable risk that the defamatory matter will be communicated to a third party, the conduct becomes a negligent communication, which amounts to a publication just as effectively as an intentional communication.”); see also Rincones v. WHM Custom Servs., Inc., 457 S.W.3d 221, 246 (Tex. App.— Corpus Christi 2015, pet. granted) (“This Court, when faced with the question in Ake, determined that the rule announc

2015This Court, when faced with the question in Ake , determined that the rule announced in Lyle is' inapplicable in certain circumstances in which the defamatory communication was “surely to be brought out” and “would have been a natural inquiry” in an “employment interview or in an application for employment.” Ake, 606 S.W.2d at 702 .

12
Cohrs v. Scottgreen
tex · 1960 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021Ass’n v. Corsi, 682 S.W.2d 246, 250 (Tex. 1984); Cohrs v. Scott, 338 S.W.2d 127, 130 (Tex. 1960); Morrison v. Farmer, 213 S.W.2d 813, 815 (Tex. 1948); Tarpley v. Poage’s Adm’r, 2 Tex. 139, 150 (Tex. 1847) (“This [purchase money resulting trust] doctrine, according to Mr. Justice Story, has its ‘origin in the natural presumption, in the absence of all rebutting circumstances, that he who supplies the money means the purchase to be for his own benefit, rather than that of another, and that the conveyance in the name of another is a matter of arrangement and convenience between the parties for co

11
Nolana Development Ass'n v. Corsigreen
tex · 1984 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021Ass’n v. Corsi, 682 S.W.2d 246, 250 (Tex. 1984); Cohrs v. Scott, 338 S.W.2d 127, 130 (Tex. 1960); Morrison v. Farmer, 213 S.W.2d 813, 815 (Tex. 1948); Tarpley v. Poage’s Adm’r, 2 Tex. 139, 150 (Tex. 1847) (“This [purchase money resulting trust] doctrine, according to Mr. Justice Story, has its ‘origin in the natural presumption, in the absence of all rebutting circumstances, that he who supplies the money means the purchase to be for his own benefit, rather than that of another, and that the conveyance in the name of another is a matter of arrangement and convenience between the parties for co

11
Morrison v. Farmergreen
tex · 1948 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021Ass’n v. Corsi, 682 S.W.2d 246, 250 (Tex. 1984); Cohrs v. Scott, 338 S.W.2d 127, 130 (Tex. 1960); Morrison v. Farmer, 213 S.W.2d 813, 815 (Tex. 1948); Tarpley v. Poage’s Adm’r, 2 Tex. 139, 150 (Tex. 1847) (“This [purchase money resulting trust] doctrine, according to Mr. Justice Story, has its ‘origin in the natural presumption, in the absence of all rebutting circumstances, that he who supplies the money means the purchase to be for his own benefit, rather than that of another, and that the conveyance in the name of another is a matter of arrangement and convenience between the parties for co

11
Sheshunoff v. Sheshunoffgreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019Code § 305.2 (24) (defining “operator” for chapter 305). 14 2015) (“Generally, the law recognizes ‘a natural presumption that identical words used in different parts of the same act are intended to have the same meaning.’” (quoting Atlantic Cleaners & Dyers v. United States, 286 U.S. 427, 433 (1932))); Sheshunoff v. Sheshunoff, 172 S.W.3d 686, 692 (Tex. App.—Austin 2005, pet. denied) (noting that courts presume that same terms used in same connection in different statutes have same meaning); see also Rodriguez, 997 S.W.2d at 254 (“We construe administrative rules, which have the same force as

11
Rodriguez v. Service Lloyds Insurance Co.green
tex · 1999 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019Code § 305.2 (24) (defining “operator” for chapter 305). 14 2015) (“Generally, the law recognizes ‘a natural presumption that identical words used in different parts of the same act are intended to have the same meaning.’” (quoting Atlantic Cleaners & Dyers v. United States, 286 U.S. 427, 433 (1932))); Sheshunoff v. Sheshunoff, 172 S.W.3d 686, 692 (Tex. App.—Austin 2005, pet. denied) (noting that courts presume that same terms used in same connection in different statutes have same meaning); see also Rodriguez, 997 S.W.2d at 254 (“We construe administrative rules, which have the same force as

11
Gilberto Rincones v. Whm Custom Services, Inc.green
texapp · 2015 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See First State Bank of Corpus Christi v. Ake, 606 S.W.2d 696, 701 (Tex. App.—Corpus Christi 1980, writ. ref’d) (“Likewise, if a reasonable person would recognize that an act creates an unreasonable risk that the defamatory matter will be communicated to a third party, the conduct becomes a negligent communication, which amounts to a publication just as effectively as an intentional communication.”); see also Rincones v. WHM Custom Servs., Inc., 457 S.W.3d 221, 246 (Tex. App.— Corpus Christi 2015, pet. granted) (“This Court, when faced with the question in Ake, determined that the rule announc

11
Dailey v. Starrgreen
tex · 1863 · cited in 1 Texas opinions naming this issue, 1878–1878
1 sentence

1878See, also, Dailey v. Starr, 26 Tex., 562 ; Johnson v. Shaw, 41 Tex., 428 .) If the heirs of Mrs. Bowie knew that the land was held and claimed under this bond of Colonel Bowie’s, their failure to assert their rights for so long a period, during which it seems the land has been improved so largely, tends to raise a natural presumption that they knew “that no wrong had been committed.” (Meaner v. Hamilton, 1 Casey, 143; Foulk v. Brown, 2 Watts, 216 .) After the lapse of near forty years, it is not to be expected that direct evidence could be produced of the existence of community debts.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Heritage on the San Gabriel Homeowners Ass'n v. Texas Commission on Environmental Quality green
texapp · 2012
1 sentence

2022Cleaners & Dyers, Inc. v. United States, 286 U.S. 427, 433 (1932))). 11 doing, it relied on dictionary definitions of “operates”—“to cause to function usu[ally] by direct personal effort”—and “operation”—“doing or performing especially of action.” 393 S.W.3d at 428–30 (citing WEBSTER’S THIRD NEW INTERNATIONAL DICTIONARY (2002)).

12022–2022
Perry v. Long green
texapp · 1949
1 sentence

1981Perry v. Long, supra, at 465 .

11981–1981
Commonwealth Bank & Trust Co. v. Heid Bros. green
tex · 1932
2 sentences

1944App. 163 S.W.2d 892 ; Ulmer v. Dunnigan Tool Supply Co., supra. This view finds additional support in the Gray case, wherein the court, commenting approvingly upon Commonwealth Bank Trust Co. v. Heid Bros., 122 Tex. 56 , 52 S.W.2d 74 , said [ 132 Tex. 509 , 125 S.W.2d 286 ]: "It was further held that, looking to the nature of the case as disclosed by the petition, the nonresident defendant who filed his plea of privilege was a necessary party within the meaning of exception. 29a." (Italics ours.) If the fact of whether or not appellant was a necessary party to the suit is a fact to be determin

1944App. 163 S.W.2d 892 ; Ulmer v. Dunnigan Tool Supply Co., supra. This view finds additional support in the Gray case, wherein the court, commenting approvingly upon Commonwealth Bank Trust Co. v. Heid Bros., 122 Tex. 56 , 52 S.W.2d 74 , said [ 132 Tex. 509 , 125 S.W.2d 286 ]: "It was further held that, looking to the nature of the case as disclosed by the petition, the nonresident defendant who filed his plea of privilege was a necessary party within the meaning of exception. 29a." (Italics ours.) If the fact of whether or not appellant was a necessary party to the suit is a fact to be determin

11944–1944
Pioneer Building & Loan Ass'n v. Gray green
tex · 1939
2 sentences

1944App., 163 S.W.2d 892 ; Ulmer v. Dunnigan Tool & Supply Co., supra. This view finds additional support in the Gray case, wherein the court, commenting approvingly upon Commonwealth Bank & Trust Co. v. Heid Bros., 122 Tex. 56 , 52 S.W.2d 74 , said [ 132 Tex. 509 , 125 S.W.2d 286 ]: “It was further held that, looking to the nature of the case as disclosed by the petition, the nonresident defendant who filed his plea of privilege was a necessary party within the meaning of exception 29a.” (Italics ours.) If the fact of whether or not appellant was a necessary party to the suit is a fact to be dete

1944App. 163 S.W.2d 892 ; Ulmer v. Dunnigan Tool Supply Co., supra. This view finds additional support in the Gray case, wherein the court, commenting approvingly upon Commonwealth Bank Trust Co. v. Heid Bros., 122 Tex. 56 , 52 S.W.2d 74 , said [ 132 Tex. 509 , 125 S.W.2d 286 ]: "It was further held that, looking to the nature of the case as disclosed by the petition, the nonresident defendant who filed his plea of privilege was a necessary party within the meaning of exception. 29a." (Italics ours.) If the fact of whether or not appellant was a necessary party to the suit is a fact to be determin

11944–1944
Moreland v. Hawley Independent School Dist. neutral
texapp · 1942
2 sentences

1944App., 163 S.W.2d 892 ; Ulmer v. Dunnigan Tool & Supply Co., supra. This view finds additional support in the Gray case, wherein the court, commenting approvingly upon Commonwealth Bank & Trust Co. v. Heid Bros., 122 Tex. 56 , 52 S.W.2d 74 , said [ 132 Tex. 509 , 125 S.W.2d 286 ]: “It was further held that, looking to the nature of the case as disclosed by the petition, the nonresident defendant who filed his plea of privilege was a necessary party within the meaning of exception 29a.” (Italics ours.) If the fact of whether or not appellant was a necessary party to the suit is a fact to be dete

1944App. 163 S.W.2d 892 ; Ulmer v. Dunnigan Tool Supply Co., supra. This view finds additional support in the Gray case, wherein the court, commenting approvingly upon Commonwealth Bank Trust Co. v. Heid Bros., 122 Tex. 56 , 52 S.W.2d 74 , said [ 132 Tex. 509 , 125 S.W.2d 286 ]: "It was further held that, looking to the nature of the case as disclosed by the petition, the nonresident defendant who filed his plea of privilege was a necessary party within the meaning of exception. 29a." (Italics ours.) If the fact of whether or not appellant was a necessary party to the suit is a fact to be determin

11944–1944
Home Benefit Ass'n v. Briggs green
texapp · 1933
1 sentence

1937The burden of proof was on the insurance company to overcome the natural presumption against suicide, and, even if it had been established that the insured took the poisonous solution and died as a result thereof, the presumption would have prevailed sufficient to sustain the trial court’s finding that *145 she took it accidentally and not with the intention of taking her own life. 24 Tex.Jur. 1263; Home Benefit Ass’n v. Briggs (Tex.Civ.App.) 61 S.W.2d 867 , par. 6, and authorities there cited.

11937–1937
Western Union Telegraph Co. v. Streeter neutral
texapp · 1918
1 sentence

1937Co. v. Streeter (Tex.Civ.App.) 205 S.W. 940 , the plaintiff was the addressee in the telegram.

11937–1937
Miller v. Yturria neutral
tex · 1888
2 sentences

1934As the rule has often been stated, ‘to convert a deed absolute into a mortgage, the evidence should be so clear as to leave no substantial doubt that the real intention of the parties was to execute a mortgage.’ ” Also see Howard v. Zimpelman (Tex. Sup.) 14 S. W. 59, 61 ; Gazley v. Herring (Tex. Sup.) 17 S. W. 17 ; Miller v. Yturria, 69 Tex. 549 , 7 S. W. 206 .

1934As the rule has often been stated, ‘to convert a deed absolute into a mortgage, the evidence should be so clear as to leave no substantial doubt that the real intention of the parties was to execute a mortgage.’ ” Also see Howard v. Zimpelman (Tex. Sup.) 14 S. W. 59, 61 ; Gazley v. Herring (Tex. Sup.) 17 S. W. 17 ; Miller v. Yturria, 69 Tex. 549 , 7 S. W. 206 .

11934–1934
Graves v. Cameron, Castles & Storey neutral
tex · 1890
1 sentence

1934As the rule has often been stated, ‘to convert a deed absolute into a mortgage, the evidence should be so clear as to leave no substantial doubt that the real intention of the parties was to execute a mortgage.’ ” Also see Howard v. Zimpelman (Tex. Sup.) 14 S. W. 59, 61 ; Gazley v. Herring (Tex. Sup.) 17 S. W. 17 ; Miller v. Yturria, 69 Tex. 549 , 7 S. W. 206 .

11934–1934
Hancock v. Butler green
tex · 1858
1 sentence

1932Judge Roberts, in Hancock v. Butler, 21 Tex. 804 , said: “The general sense of American mind, as exhibited in ■ deeds, wills, and in Statutes of descent and distribution, is that it is proper to give property to children, grandchildren, etc., they taking per stirpes.” The natural presumption is that the mother has equal solicitude for her 'children.

11932–1932
Lockwood v. Ohio River R. green
ca4 · 1900
1 sentence

1928A.) 103 F. 243 : “The courts, therefore, may avail themselves of the same light which the parties enjoyed when the contract was executed, and may'place themselves in the same situation as the parties who made it,, in order that they may view the circumstances as those parties viewed them, and' so judge the meaning of the words and the correct application of the language and the things described; and if any of the terms used seem to contradict the manifest intention, as clearly indicated by the agreement as a whole, the intention must govern.” Again: It is a natural presumption that a parent wi

11928–1928
Johnson's Administrator v. Shaw green
tex · 1874
1 sentence

1878See, also, Dailey v. Starr, 26 Tex., 562 ; Johnson v. Shaw, 41 Tex., 428 .) If the heirs of Mrs. Bowie knew that the land was held and claimed under this bond of Colonel Bowie’s, their failure to assert their rights for so long a period, during which it seems the land has been improved so largely, tends to raise a natural presumption that they knew “that no wrong had been committed.” (Meaner v. Hamilton, 1 Casey, 143; Foulk v. Brown, 2 Watts, 216 .) After the lapse of near forty years, it is not to be expected that direct evidence could be produced of the existence of community debts.

11878–1878

Where else courts name it

PA 34 (1831–2020) GA 22 (1911–2024) CA 21 (1906–2021) TX 17 (1878–2022) MD 14 (1909–2021) IL 11 (1896–2016) SC 10 (1915–1999) NY 10 (1871–2016) AL 10 (1884–2008) MO 10 (1866–1955) VA 8 (1876–2017) NE 8 (1897–1999) KS 7 (1902–2013) OK 7 (1923–1969) CT 7 (1930–2021) MN 6 (1905–2015) OH 5 (1860–2026) IA 5 (1903–2024) MA 4 (1980–2000) WI 4 (2017–2018) IN 4 (1891–1939) MI 3 (1923–2017) NJ 3 (1894–1982) ND 3 (1910–2002) CO 3 (1923–1962) NC 3 (1931–2015) OR 3 (1898–1933) AZ 3 (1997–2026) AR 2 (1905–1908) WV 2 (1935–2000) MS 2 (2007–2010) UT 2 (1929–1932) DE 2 (1946–1970)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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