Nichols v. Gordon
Texas Supreme Court
Appeal from Guadaloupe. The case was tried before the Hon. A. W. Terrell, one of the district judges. Gordon, administrator of Grinage, sued George W. Nichols and his wife, Bachael S. Nichols, upon a covenant of warranty of a tract of land, averring an eviction of one-fourth of the land, and praying for a foreclosure of mortgage upon certain slaves.
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Appeal from Guadaloupe. The case was tried before the Hon. A. W. Terrell, one of the district judges. Gordon, administrator of Grinage, sued George W. Nichols and his wife, Bachael S. Nichols, upon a covenant of warranty of a tract of land, averring an eviction of one-fourth of the land, and praying for a foreclosure of mortgage upon certain slaves. The deed was signed by Rachael S. Nichols and her husband, the execution proven by a witness, but not acknowledged by the wife, in strict conformity to the statutes for acknowledging conveyances of separate property, and there was the same proof…
1Opinion of the CourtRoberts, J.
—If there is a cause of action stated in the petition, the verdict and judgment in this case must stand.
It is a suit against appellant, to recover an amount of money upon a warranty in a deed executed by her while femme covert, and to foreclose a mortgage upon two negroes, executed by her at the same time, to secure a title to the land described in the deed.
The petition alleges, that she and her husband bargained and sold, and conveyed the land by deed, “ a copy of which deed of conveyance is hereunto annexed and herewith filed, marked exhibit A, and is prayed to be taken as a part of this…
2Cases cited2 opinions
- Nichols v. StewartTexas Supreme Court · 1855
- Roy v. BremondTexas Supreme Court · 1858