Kocourek v. Marak
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. L. W. Moore. Appellant, Mary Kocourek, filed her original petition on the 9th day of April, 1880, in which she alleged the following facts, viz.: That on the 15th day of February, 1880, appellant and her husband, Joseph Kocourek, one of the appellees, were seized and possessed of five tracts of land, containing in the aggregate 221 acres, particularly described in her petition; that appellant and her husband lived on the land,…
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Appeal from Fayette. Tried below before the Hon. L. W. Moore. Appellant, Mary Kocourek, filed her original petition on the 9th day of April, 1880, in which she alleged the following facts, viz.: That on the 15th day of February, 1880, appellant and her husband, Joseph Kocourek, one of the appellees, were seized and possessed of five tracts of land, containing in the aggregate 221 acres, particularly described in her petition; that appellant and her husband lived on the land, and it was their homestead; that on the 16th of February, 1880, appellant’s husband, against her express protests, sold…
1Opinion of the Court
Bornee, Associate Justice.
This case was dismissed on demurrer to the petition, and raises the two questions, whether the allegation presented such legal duress on the part of the husband, as, on behalf of the wife, should avoid the deed to the homestead; and if so, was the purchaser charged with notice of it.
The general doctrine of this court upon these questions is, that the certificate of the officer to the separate acknowledgment of the wife to a deed of conveyance, is conclusive of the facts therein stated, except in cases of fraud, mistake or imposition; and that the rights of a third…
2Cases cited4 opinions
- Central Bank v. CopelandCourt of Appeals of Maryland · 1862
- Williams v. PounsTexas Supreme Court · 1877
- L. M. Wiley & Co. v. PrinceTexas Supreme Court · 1858
- Tapley v. TapleySupreme Court of Minnesota · 1865
3Cited by28 opinions
- Morrow v. CorbinTexas Supreme Court · 1933
- Steinhardt & Co. v. Galveston Cotton Seed Meal Co.Court of Appeals of Texas · 1911
- Stewart v. MillerCourt of Appeals of Texas · 1925
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Coker v. RobertsTexas Supreme Court · 1888
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