Reed v. Howard

Citations

• 71 Tex. 204
• 9 S.W. 109
• 1888 Tex. LEXIS 1124

Syllabus

<p>1. Contract for Joint Acquisition of Public Lands.—A contract for the joint acquisition of title to vacant land is neither within our statute of frauds nor against public policy. Such contract can be enforced by partition of such lands.</p> <p>2. Homestead Rights in Lands.—Such rights attach to the land when acquired subject to any burden, legal or equitable, upon it at the time of its occupancy as homestead. A contract to acquire land to be used as homestead does not require the assent of the wife, and it will be enforced without her aid or consent, even after its occupancy as the homestead.</p> <p>3. Partition.—In a suit for partition, the jury are not authorized to prescribe in the verdict how lands shall be divided. The verdict ascertains the rights of the parties. Decree for partition follows. Commissioners divide according to the decree, subject to approval of the court.</p>