Patton v. King
Texas Supreme Court
This wás añ action of trespass to try title, brought by the appellant, Patton, against the appellees, M. T. King and M. H. Haynés, for the recovery of a tract of lahd in the county of Ka= The plaintiff, as evidence of his title, offered a power of attorney from Antonio Perez aid his wife, Jacoha Buena y Perez, to James H. Starr and Nathaniel A,mory, and also a deed from said Starr and Amory, as such attorneys in fact, to the plaintiff.
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This wás añ action of trespass to try title, brought by the appellant, Patton, against the appellees, M. T. King and M. H. Haynés, for the recovery of a tract of lahd in the county of Ka= The plaintiff, as evidence of his title, offered a power of attorney from Antonio Perez aid his wife, Jacoha Buena y Perez, to James H. Starr and Nathaniel A,mory, and also a deed from said Starr and Amory, as such attorneys in fact, to the plaintiff. The defendants objected to the evidence, on the ground that a married woman could not convey her lands by attorney, but only by deed executed by herself…
1Opinion of the CourtWheeler, C. J.
The ruling of the court excluding the power of attorney and deed of Perez and wife, conveying the property of the latter, proceeded upon the ground that a married woman cannot, jointly with her husband, make a valid conveyance of lands by an attorney in fact. In this opinion we think the court erred. To hold that a married woman cannot convey her separate property except by deed, would be, we think, to give the statute too narrow and literal a construction to comport with the previous decisions of the eouii, or the intention of the statute. It has never been questioned that a married woman…
2Cited by10 opinions
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- Sabine & East Texas Railway Co. v. BrousardTexas Supreme Court · 1888
- Skirvin v. O'BrienCourt of Appeals of Texas · 1906
- Wallace v. Travelers' InsuranceSupreme Court of Kansas · 1894
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