T. & P. R'y Co. v. Durrett

Citations

• 57 Tex. 48
• 1882 Tex. LEXIS 90

Syllabus

<p>1. Basement.— A perpetual easement in land, or a qualified determinable fee, liable to be divested only if the estate should be used for other purposes than those contemplated by the conveyance, can only be created by deed or grant.</p> <p>2. Same — Conveyance of wife’s separate estate.— The conveyance of a perpetual easement in land, the separate property of the wife, cannot be made by the husband alone,, under his general power to manage the wife’s estate. It can only be made in the manner pointed out by the statute for conveying the wife’s separate estate.</p> <p>3. Innocent purchaser.— When upon the face of a deed by the husband, in which the wife does not join, purporting to convey a perpetual easement in land which is her separate property, it appears that the deed was made without consideration, the'party claiming the easement cannot, as against the wife, defend as an innocent purchaser without notice — there being no evidence that the conveyance from the husband induced the expenditure of money in furtherance of the easement.</p> <p>4. Evidence of separate property rights.— Parol evidence is admissible to show an understanding between the husband and wife, that real estate conveyed to her during coverture should be her separate property.</p> <p>5. Damages.:—When, in an action for damages, the general statement of the matters from which the alleged injury results is sufficiently specific, all things which are the natural result of the act made the basis for damages, can properly be proved.</p>