March v. Huyter

Citations

• 50 Tex. 243

Syllabus

<p>1. Practice in District Court.—Before the adoption of the new rules, it was not error, when no objection at the time was made, for a district judge, to whom was submitted a case without a jury, to take the case under advisement, and declare his decision and render judgment in the case at a subsequent term of the court.</p> <p>2. Deed by a tenant in common.—A deed by one joint tenant, or tenant in common, to a distinct portion of the estate, by certain metes and bounds, is not void as to all parties and all interests, but only invalid as against the rights of co-tenants in obtaining an equal partition. As against the grantor, such deed is valid as an estoppel to the extent of his interest.</p> <p>3. Evidence—Deed attacked for fraud. — That a deed was obtained by undue influence on the grantor is not a reason for excluding it, if properl)'' proven ; the facts destroying its effect from fraud and undue influence are for the jury.</p> <p>4. Joint wills.—A joint and mutual will, made by husband and wife, may lawfully be executed. The separate acknowledgment of the wife is not necessary to its validity. If duly probated, its validity is conclusive against a collateral attack.</p> <p>5. Probate OR will.—A devisee takes under the terms of the will. The object of the probate, is to establish its existence and. genuineness.</p> <p>6. Estate of devisee before probate of will.—A sale by a devisee of an interest held under a will, and before its probate, passes the estate. A subsequent probate, by relation would give vitality to such conveyance, except as against an innocent purchaser from an heir.</p>