Waltee v. Weaver
Texas Supreme Court
Error from Hopkins. Tried below before the Hon. Green J. Clark. Suit by Annie Waltee for the recovery of a certain lo.t and improvements in the town of Sulphur Springs, claiming the same as her homéstead and separate property, and that a pretended deed purporting to have been executed by her and her husband, John Waltee, was procured by fraud, and was executed by her, she supposing that she was giving a lien to secure a loan of §200 from defendant Weaver.
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Error from Hopkins. Tried below before the Hon. Green J. Clark. Suit by Annie Waltee for the recovery of a certain lo.t and improvements in the town of Sulphur Springs, claiming the same as her homéstead and separate property, and that a pretended deed purporting to have been executed by her and her husband, John Waltee, was procured by fraud, and was executed by her, she supposing that she was giving a lien to secure a loan of §200 from defendant Weaver. The specific averments of the petition are stated ■ in the opinion. At the trial Mrs. Waltee testified through an interpreter that she did…
1Opinion of the Court
Stayton, Associate Justice.
The rule more than once announced by this court is, that the certificate of the officer to the separate acknowledgment of the wife to a deed is conclusive of the facts therein stated, when the conduct of the grantee is in good faith, and he pays a valuable and adequate consideration for the property. Hartley v. Frosh, 6 Tex., 216; Wiley & Co. v. Prince, 21 Tex., 640; Kocourek v. Marak, 54 Tex., 201; 2 Bishop’s Law of Married Women, 483.
As it is the acknowledgment, and not the signature, which passes the title in a conveyance by a married woman, it is of the utmost…
2Cases cited2 opinions
- L. M. Wiley & Co. v. PrinceTexas Supreme Court · 1858
- Kocourek v. MarakTexas Supreme Court · 1881
3Cited by16 opinions
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1942
- Stewart v. MillerCourt of Appeals of Texas · 1925
- Humble Oil Refg. Co. v. Clara May DowneyTexas Supreme Court · 1944
- Kimmell v. TiptonCourt of Appeals of Texas · 1940
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