Schwarz v. National Bank

Citations

• 67 Tex. 217
• 2 S.W. 865
• 1887 Tex. LEXIS 852

Syllabus

<p>Estoppel—Homestead.—A failing debtor conveyed to his creditor a lot in a city upon which he resided with his children. His wife he left in Europe when he came to the United States, expecting her to afterwards join him in Texas. When the deed was made and accepted in satisfaction of the debt, the creditor asked the debtor if he had a wife, and the latter answered that he had not. In a suit brought by the creditor to recover the property thus conveyed, the debtor pleaded that the property was his homestead. Held:</p> <p>(1) That the debtor was estopped from asserting and proving that he had a wife.</p> <p>(2) There was no error in the judgment rendered in favor of the creditor for the recovery of the property.</p>