Howard v. North
Texas Supreme Court
Error from Do Witt. Suit by the appellants for the recovery of a tract of land claimed to be the separate property of the wife. The title of the wife originally was admitted, and the point to be determined was whether the title had passed out of the wife into the appellee. The land formed a portion of' one-half of a league, one quarter of which had been sold by the appellants to the appellee.
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Error from Do Witt. Suit by the appellants for the recovery of a tract of land claimed to be the separate property of the wife. The title of the wife originally was admitted, and the point to be determined was whether the title had passed out of the wife into the appellee. The land formed a portion of' one-half of a league, one quarter of which had been sold by the appellants to the appellee. The latter, alleging- that lie had been injured in the said sale by the fraudulent representations of the appellants, had instituted suit against them and recovered judgment. Execution having been issued…
1Opinion of the Court
Hemphill, Ch. J.
Several grounds have been urged by the counsel of the plaintiffs for a. reversal of the judgment, which may be resolved into two principal objections, viz : 1st. That the land is the separate property of the wife, and that a judgment against the husband and wife could not be enforced against this property so as to divest the wife of her title. 2d. That if the judgment were legal and binding as against the property of the defendants or either of them, yet all the subsequent proceedings were illegal, and the acts under them confer no title on tíre purchaser of the land, who'is…
2Cases cited1 opinion
- Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
3Cited by70 opinions
- Nichols v. DibrellTexas Supreme Court · 1884
- Fitch v. BoyerTexas Supreme Court · 1879
- Holmes v. BucknerTexas Supreme Court · 1886
- Cross v. EvertsTexas Supreme Court · 1866
- Davis v. GainesSupreme Court of the United States · 1881
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