Davis v. McCartney
Texas Supreme Court
Appeal from Bowie. Tried below before the Hon. W. P. McLean. The opinion states the case. The third assignment of error was that the court erred in admitting in evidence the deed of W. M. Devere and Sallie M. Devere, purporting to convey the property in controversy to defendant Annie McCartney; the certificate of the separate acknowledgment of the said Sallie M. Devere fails to show that the same was taken privily and apart from her husband; that she declared said instrument…
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Appeal from Bowie. Tried below before the Hon. W. P. McLean. The opinion states the case. The third assignment of error was that the court erred in admitting in evidence the deed of W. M. Devere and Sallie M. Devere, purporting to convey the property in controversy to defendant Annie McCartney; the certificate of the separate acknowledgment of the said Sallie M. Devere fails to show that the same was taken privily and apart from her husband; that she declared said instrument to be her act and deed; that she had willingly executed said deed, and that she did not wish to retract it.
1Opinion of the Court
Robertson, Associate Justice.
There was no conflict in the evidence and no substantial controversy in the court below as to the material facts in this case. The testimony showed that the land in controversy was the community property of Wm. J. and Sallie Davis, and that at the date of the former’s death on August 16, 1876, it was used and occupied as a homestead; that the plaintiff at that time was a minor and the only child of Wm. J. Davis by a former marriage; that the community estate, including the homestead, did not exceed in value about the sum of $2,500, whilst the community debts…
2Cited by20 opinions
- Summerville v. KingTexas Supreme Court · 1904
- Leatherwood v. ArnoldTexas Supreme Court · 1886
- Auerbach v. WylieTexas Supreme Court · 1892
- Hoefling v. HoeflingTexas Supreme Court · 1914
- Hoefling v. HoeflingTexas Supreme Court · 1914
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