Tippett v. Brooks

Decided March 20, 1902

Texas Supreme Court · decided 1902-03-20

<p>Pleading—Cancellation—Married Woman’s Deed.</p> <p>The presence of the grantee at the time the privy acknowledgment, by a married woman, of a conveyance of her land is taken, can not be considered as •a ground of canceling same when not alleged in the pleading. (P. 336.)</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1902-03-20

How this case has been cited

Cited by 4 later decisions — most recently March 1988

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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WILLIAMS, Associate Justice.

¶1In passing upon the application, for writ of error, we find it unnecessary to decide the question discussed in the opinion of the Court of Civil Appeals as to the effect of the presence of a purchaser from a married woman and her husband, of her separate property, when her separate acknowledgment is taken by the officer, for the reason that it is not raised by the pleadings. The conveyance in question and the acknowledgment are attacked in the petition upon specific grounds and the presence of the grantee in the deed, when the acknowledgment was taken, is not stated as one of them.

¶2The other questions of law raised by the application were correctly decided below and the application is refused.