Ann Berta Lodge, No. 42 v. Leverton

Citations

• 42 Tex. 18

Syllabus

<p>1. Wife’s power over community property when abandoned by husband.—It is not an open question in this court that the wife, when forced hy the action of the husband to assume and fulfill the duties of a feme sole, or the head of the family, may exercise the rights and privileges of such position.</p> <p>2. Announcement of ready—Amendment of pleading.—The announcement of ready, when there are questions of law to be considered by the court, implies readiness, unless the rulings of the court upon the pleadings require their amendment; and the right to amend pleadings to which exceptions have been sustained only authorizes the amendment of the pleadings held to be defective.</p> <p>3. Practice in Supreme Court.—A hill of exceptions to the admissibility of evidence is held a waiver of objections not urged; and this court will not consider objections apparent in the record to evidence • to which other objections were made.</p> <p>4. Instructions excluding the effect of evidence, admitted for reasons not urged when the testimony was offered, should not. be given. Objections to testimony must be taken when it is offered.</p> <p>5. In an action of trespass to try title, where defendant has no title he cannot show in defense that' plaintiff had not paid a valuable consideration for his title.</p> <p>6. Parol contract for sale of lands.—Tender of purchase money, making improvements by vendee, (it not appearing that vendee expended beyond rents received by him,) and possession, do not constitute such part performance of a parol agreement for sale of land as will justify a decree of specific performance of such parol agreement to sell.</p> <p>7. See discussion of principles governing specific execution of parol contracts for sale of land.</p>