Newman v. Farquhar

Citations

• 60 Tex. 640
• 1884 Tex. LEXIS 20

Syllabus

<p>1. Homestead — Fact case.— See opinion and statement of case for facts under which it was held that the deed of the husband, made without the knowledge of his wife, to land on. which he was at the time residing with his wife, and which he owned in common with children of a former marriage, passed no title as against the homestead rights of the wife.</p> <p>2. Charge of court.— Abstract propositions of law asked by counsel to be given as instructions to the jury, though correct as applicable to minor issues, should be refused when the law has been fairly presented in the main charge of the court, as their tendency is to distract the attention of the jury by giving undue prominence to such issues,</p> <p>3. Evidence.— When collusion was charged by the wife between her husband and his vendee of land, on which she claimed homestead rights, it was not error to exclude evidence of the husband’s declarations as to where his homestead was, when the time and circumstances under which they were made were not specifically stated, and when it was not shown that they were made in her presence.</p> <p>4. Evidence.—When the husband in a suit by the wife is charged with having attempted, in fraud of her rights and without her consent, to dispose of the homestead, and of seeking by its abandonment to withdraw it from the pale of exemption, his declarations, made in the wife’s absence, cannot be given in evidence in his behalf or in that of his vendee, who bought with notice of the wife’s claim.</p>