Irion v. Mills

Citations

• 41 Tex. 310

Syllabus

<p>1. Intervention.—An administrator on the estate of one who had conveyed his homestead by deed, in which the wife had not joined, has no right to intervene in a suit between third parties claiming the land, and to assert the invalidity of the deed.</p> <p>2. Estoppel—Homestead.—While a conveyance by the husband of the homestead, to which the wife was not a party, is inoperative to convey her homestead right, it estops the administrator of the deceased husband from asserting title as against those claiming under it.</p> <p>8. Pleading—Fraud.—When fraud is not charged in the pleadings, it can never be considered on the trial.</p> <p>4. Voluntary conveyance.—A deed from one to another for whose wife the grantor held funds in trust for which he had not accounted, and which was made to satisfy the trust, cannot be regarded as a voluntary conveyance, and fraudulent as to other creditors to whom the grantor was at the time indebted.</p>