Edmonson v. Blessing

Citations

• 42 Tex. 596

Syllabus

<p>1. Where husband and wife contemplating a separation agree upon a division of their property, and for that purpose convey the same, including expressly their homestead, to a third party, the husband paying the wife in money the amount agreed upon as her share; and after the husband’s death the children of the parties and the wife bring suit against a purchaser of the said homestead property, at administration sale of the estate of the husband. JSgld, it is the right o£ the defendant to have the court instruct the jury upon the, legal effect of the deed of the said husband and wife as affecting the question of homestead, and it was error in the court to refuse to charge, at request of defendant, “that if the j ury believe from the evidence that S. and wife made “ an outright deed of the property in controversy to C., who after the “ death of S. conveyed it to his administrator, such conveyance vitiated “ all homestead rights as to innocent parties and strangers, and an iit- “ nocent purchaser of the property, in such case, without knowledge “ of the facts, under decree of the Probate Court, in which the estate “ was administered, would acquire a good title.”</p> <p>2. Homestead—Abandonment on bight. Husband and wife have full control of the homestead, and upon conveying it voluntarily witli the formalities prescribed by law, with the intent of divesting it of its homestead character, no reason is perceived why such conveyance was not effectual to accomplish their purpose.</p> <p>8. Abandonment oe homestead bights. A deed executed by husband and wife for the express purpose of an abandonment of homestead rights, would have that effect in law, and he conclusive against heirs oi the grantors claiming, against a purchaser at administrator’s sale, the right of the husband for whose use the original deed was made, and to whose administrator the grantee liad conveyed the homestead,, unless the property had again become homestead.</p> <p>4. The question of fact whether th