Miller v. Yturria

Citations

• 69 Tex. 549
• 7 S.W. 206
• 1888 Tex. LEXIS 894

Syllabus

<p>1. Separate Acknowledgment — Conveyance oe the Homestead.— A wife can not defeat a conveyance of the homestead, or of her separate« property, by showing that when her acknowledgment to the deed was taken she did not understand its import, or that the officer did not explain it to her, -unless she also shows that these facts were brought to the knowledge of the purchaser.</p> <p>-S. Conditional Sale. — Property may he conveyed by deed which will be construed as evidencing a conditional sale, and not a mortgage, though the consideration is the payment of a debt due from the vendor, with a condition for re purchase by paying the amount of the original debt and interest within a designated time. This occurs when it is intended and stipulated that the debt is paid by the conveyance. If the deed was intended merely as a security for the debt, it would be regarded as evideneing a mortgage. If the deed recites in terms that the sale is conditional, the burden of proof is upon one who seeks to have it construed as a mortgage, and to recover he must so establish it with clearness and certainty.</p>