Morris v. Geisecke

Citations

• 60 Tex. 633
• 1884 Tex. LEXIS 18

Syllabus

<p>1. Homestead.— The husband has no power, directly or indirectly, to alienate property, a portion of the purchase money of which has not been paid, and which is occupied by his wife and himself as a homestead, unless his wife joins in the conveyance, or the same is done in good faith by the husband in settlement of the lien for unpaid purchase money.</p> <p>2. Same.—If the husband, who attempts without being joined by the wife to dispose of the homestead, under pretense of satisfying the claim for unpaid purchase money, acts in bad faith when no necessity for sale exists, and with the purpose to deprive his wife of her homestead right, his act conveys no title as against the wife to purchasers with notice. See statement and opinion for such a case.</p>