Hartley v. Frosh
Texas Supreme Court
Appeal from Brazoria. This was a suit by the appellees for ari injunction to restrain the defendants from selling certain property of the wife under a deed of trust given to secure a debt of the husband.
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Appeal from Brazoria. This was a suit by the appellees for ari injunction to restrain the defendants from selling certain property of the wife under a deed of trust given to secure a debt of the husband. The petition alleged that the said Jane (tiie wife) was not aware either of the true contents of the deed of trust or of the legal effect thereof at the time of her signing and acknowledging it; that the said Lawrence (tiie husband) requested and directed this petitioner to sign and execute said instrument; that, being the wife of said Lawrence, she did comply with the request and obey the…
1Opinion of the Court
Hempiiill, Oh.' J.
The only questions deserving consideration are whether tiie notary’s certificate is conclusive of the facts therein stated, and if not so, whether the allegations of the petition are sufficient in law to authorize an inquiry into their verity.
The allegations in relation to the influence exercised by the husband over the wife, and as inducing her to execute the instrument, present no basis for equitable relief. If he has acted unfairly or iniquitously towards his wife in the transaction, he cannot join with her in a suit to repudiate such act to the injury of innocent third…
2Cited by55 opinions
- Stewart v. MillerCourt of Appeals of Texas · 1925
- Miller v. MarxSupreme Court of Alabama · 1876
- Williams v. PounsTexas Supreme Court · 1877
- Oar v. DavisTexas Supreme Court · 1912
- Davis v. KennedyTexas Supreme Court · 1883
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