Randall v. Texas Central R'y Co.
Texas Supreme Court
Error from Bosque. Tried below before the lion. Jo Abbott. Trespass to try title by plaintiffs in error for the recovery of about eighty acres of land. The petition alleged that the land was community property and the homestead of the plaintiffs.
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Error from Bosque. Tried below before the lion. Jo Abbott. Trespass to try title by plaintiffs in error for the recovery of about eighty acres of land. The petition alleged that the land was community property and the homestead of the plaintiffs. The amended petition admitted the execution, by plaintiff R. B. Randall, of a deed conveying to defendant a right of way two hundred feet wide through the land, so far as he had right and power to convey, without the signature and consent and against the wishes of the wife, Jeannette Randall. The defendant disclaimed as to all the land sued for,…
1Opinion of the Court
Watts, J. Com. App.
Only one question is presented by this record for consideration and disposition, and that is as to the power of the husband, without the consent and concurrence of the wife, to grant to a railroad company a right of way over or across a community property homestead.
When the fee to land is vested in the community property, ordinarily, for all practical purposes, it may be considered as vested in the husband, so long as the marriage relation exists. For, during the coverture, the husband generally has the unrestricted right to alienate or otherwise dispose of such property,…
2Cases cited1 opinion
- Chicago & South-western R. R. v. SwinneySupreme Court of Iowa · 1874
3Cited by13 opinions
- Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
- Brusha Et Ux. v. Board of Education of Oklahoma CitySupreme Court of Oklahoma · 1913
- Pilcher v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1888
- Evans v. MillsCourt of Appeals for the Fifth Circuit · 1933
- Maxwell v. McCallSupreme Court of Iowa · 1910
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