Mexia v. Oliver

Citations

• 148 U.S. 664
• 13 S. Ct. 754
• 37 L. Ed. 602
• 1893 U.S. LEXIS 2263

Syllabus

<p>In Texas, a married woman, who owns land in her own right, cannot convey it by her husband, as her attorney, under a power of attorney from her to him, without herself signing and acknowledging privily the deed, although her husband joins in the deed individually.</p> <p>Where a suit is brought in Texas by a married woman and her husband, to recover possession of land, her separate propertjq and the petition is endorsed with a notice that the action is brought as well to try title as for damages, it is error to admit in evidence against the plaintiffs such a power of attorney and deed, although there is an issue as to boundary and acquiescence and ratification.</p> <p>It does' not appear beyond a doubt that such error could not prejudice the rights of the plaintiffs.</p>