¶1 We approve the court of civil appeals’ holding that the Legislature by repealing art. 1299, Vernon’s Ann.Civ.St., removed the requirements of the husband’s joinder and the wife’s privy acknowledgment for -an effective conveyance by the wife of her separate non-homestead property. 410 S.W.2d 457. The Legislature, however, did not repeal arts. 6605 and 6608 which state the manner and form of a married woman’s acknowledgment. Those two articles must still be observed for purposes of recordation, notice and other instances expressly required by law. In the present case, the wife’s defective acknowledgment *455 of the deed of trust did not render it void and unenforceable as between the parties to the transaction. The application for writ of error is refused, no reversible error. Rule 483, Texas Rules of Civil Procedure.
414 S.W.2d 454
10 Tex.Sup.Ct.J. 260
Diamond v. Borenstein
Decided March 15, 1967
Texas Supreme Court · decided 1967-03-15
Cited by 2 later decisions — most recently February 1975
2 state decisions
Key passage — most relied on by later courts
““We approve the court of civil appeals’ holding that the Legislature by repealing art. 1299, Vernon’s Ann.Civ.St., removed the requirements of the husband’s joinder and the wife’s privy acknowledgment for an effective conveyance by the wife or her separate non-homestead property.” (Emphasis added) ( 414 S.W.2d 454 )”
quoted by 1 later decision, including Click v. Seale
Relies on Diamond v. Borenstein
Good law ✅— No negative treatment on recordhow we know
Decided 1967-03-15
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