Kocourek v. Marak

Citations

• 54 Tex. 201
• 1881 Tex. LEXIS 2

Syllabus

<p>1. Deed—Duress.—A willing mind on the part of the wife is requisite to the validity of a deed made by her. To avoid the deed of the wife on account of threats of the husband, it is not necessary that they should put the wife in fear of physical injury. If he threatens an .abandonment of her if she refuses to sign a deed conveying the homestead, and she, having reasonable apprehension that he would carry out his threat, signs the deed, this will be sufficient to avoid it.</p> <p>2. Case approved.—Tarpley v. Tarpley, 10 Minn., 458, approved.</p> <p>8. Fact case.— See statement of case for facts sufficient to avoid a deed purporting to convey the homestead, signed by the wife.</p>