Nichols v. Gordon

Citations

• 25 Tex. 109

Syllabus

<p>Where the wife joined her husband in the execution of the mortgage of her separate property, but made no acknowledgment separate and apart from her husband, as required by the act of the 3d February, 1841, and substantially re-enacted 30th April, 1846, (Paschal’s Dig., Art. 1003, Note 427,) it was error to admit the mortgage in evidence upon a mere affidavit of a subscribing witness, made for the purpose of registration. (Paschal’s Dig., ' Art. 4982.)</p> <p>The statute requiring a separate acknowledgment of the wife cannot be disregarded.</p>