Eckhardt v. Schlecht
Texas Supreme Court
Appeal from Austin. The case was tried before Hon. G-eorge "W. Smith, one of the district judges. Eckhardt sued Schleoht in an action of trespass to try title.
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Appeal from Austin. The case was tried before Hon. G-eorge "W. Smith, one of the district judges. Eckhardt sued Schleoht in an action of trespass to try title. The defendant plead a contract for the sale of the premises, which were a part of the homestead of the plaintiff, and as there never will be just such another document set up as the foundation of a claim to specific performance, the letter written by the plaintiff’s wife is here given: . “Bellville, April 7, 1856. “Dear Mr. Schlecht: I have received your esteemed letter one day after the presence of E. K. on my premises, and when he…
1Opinion of the CourtMoore, C. J.
It cannot of course be supposed that the
fraudulent declarations or conduct of the husband, to which the wife is not privy, will be held in equity to pass the title to the homestead, or create any charge upon it which the husband could not make by deed. Hor could any one be found who would insist that the fraud of the husband will bar its recovery for the use of the family. To do this, if it can be error, then there must be fraud both on the part of the husband and wife, for which no other adequate redress can be afforded. It is, however, much too clear for argument, that there is not in this…
2Cases cited1 opinion
- Berry v. DonleyTexas Supreme Court · 1863
3Cited by11 opinions
- Parker v. SchrimsherCourt of Appeals of Texas · 1914
- Cole v. BammelTexas Supreme Court · 1884
- Thomas v. WilliamsTexas Supreme Court · 1878
- Ranney v. MillerTexas Supreme Court · 1879
- San Antonio Real Estate, Building & Loan Ass'n v. StewartCourt of Appeals of Texas · 1901
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