Smith v. Elliott & Deats

Citations

• 39 Tex. 201

Syllabus

<p>1. An acknowledgment of a married woman failing to show that she willingly signed the instrument, although correct in every other respect, is fatally defective.</p> <p>2. A. femme covert cannot convey a title to her lands, nor a homestead, except</p> <p>by a deed duly executed upon her private examination made as the law directs. Her signature to a deed without such examination is a nullity. 8. It is well settled that whenever a statute affects a contract, not only the statute itself but the legal construction of the statute by the courts of the State enter into and form part of the contract.</p> <p>4. He who takes a deed of trust from the husband and wife takes it with the contingency, that should the husband die before the execution of the trust his remedy, if any he has, must be in the probate court, and not through the acts of the trustee.</p>