Legal Opinion

Kincaid v. Jones

Texas Commission of Appeals

Decided July 1, 1881No. 3964Published

Appeal from Fannin county. Opinion by Watts, J.

1Opinion of the Court

Opinion.— One of the essential requisites of the certificate of the separate acknowledgment of a married woman under the law in force in 1855 is that it must be attested by the seal of the court. The deed of a married woman to her separate property is void unless her privy examination is taken in substantial compliance with the statute. 26 Tex., 745. A compliance with the requirements of the statute is indispensable to the alienation of the wife’s separate estate or of her homestead. 28 Tex., 523. The deed of a married woman is not complete, so as to convey title to land, without the…

2Cases cited4 opinions

  1. Cross v. EvertsTexas Supreme Court · 1866
  2. Home Insurance & Banking Co. v. LewisTexas Supreme Court · 1878
  3. Wheelock v. StateTexas Supreme Court · 1855
  4. Manly v. William B. Culver's HeirsTexas Supreme Court · 1857

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