Goode v. Jasper

Citations

• 71 Tex. 48
• 9 S.W. 132
• 1888 Tex. LEXIS 1098

Syllabus

<p>1. Parties married in 1848 acquired a right to a certificate for six hundred and forty acres of land in Mercer’s colony. In 1855 they are divorced. Subsequent to the divorce the husband obtained the land certificate, located it and procured patent in his name. He conveyed one-half of the land to a deputy district surveyor. Suit was brought by the heirs of the husband for the unsold half of the survey against defendants, showing no title under the divorced wife, held:</p> <p>(1) After a divorce the husband could only bind his half interest by any new contract, and therefore could not bind the wife’s interest by a contract for one-half locative interest.</p> <p>(2) A sale of one-half interest in the land would convey his entire interest therein, and the purchaser would take his interest, whether made in consideration for services in locating, etc., or for other consideration.</p> <p>(3) The remaining half, if the sale by metes and bounds made an equitable division, would be the property of the wife, with legal title in the husband or his heirs.</p> <p>(4) In absence of any connection by the defendants with the equitable title of the wife the plaintiffs were entitled to recover the land sued for.</p>