Rainey v. Chambers

Citations

• 56 Tex. 17
• 1881 Tex. LEXIS 164

Syllabus

<p>1. Homestead.— The title to the homestead of the husband and wife, upon his death in 1863, he dying insolvent, and no constituent of the family other than the widow surviving him, vested in the widow, and a conveyance of the same by her, made afterwards, vests the title in the purchaser.</p> <p>2. Deed — Contract.— A deed from a mother to a son recited a consideration paid. Afterwards the mother died, and by will devised the land to another, who, in an action of trespass to try title brought against him by the son’s hem, under a plea of “not guilty ” attempted to show that the real consideration of the deed from the mother was the son’s promise to pay her a stipulated sum yearly, which was never paid. Held,</p> <p>(1) The deed from the mother to the son, reciting a consideration paid, and love and affection, was an executed contract.</p> <p>(2) The deed was not cancelled by the failure to pay the stipulated annuity.</p> <p>(3) In the absence of evidence showing the inability of the son’s estate to comply with his alleged agreement, proof that he failed to pay the annuity would constitute no defense.</p> <p>3. Estoppel.—No agreement made by the guardian of a minor concerning the partition of an estate in which he is interested, can, unless ordered or sanctioned by a court having jurisdiction, operate an estoppel on the minor.</p>