Westbrooks v. Jeffers

Citations

• 33 Tex. 86

Syllabus

<p>1. A widow, being sued ior her homestead on which she and her husband had executed and duly acknowledged a deed of trust, offered to prove by a witness that she was induced to execute the deed by fraudulent representations and false promises. Held, that it was error to exclude the evidence on the ground that she could not go behind her acknowledgment of the deed.</p> <p>2. The case of Baxter v. Dear, 24 Texas, 17, cited by the court, and approved as to the relief to be extended to a married woman against a mortgage on the homestead.</p> <p>3. It may well be doubted whether a widow is ever bound by her promise made during coverture to pay a debt of her deceased husband, unless H was for goods furnished during coverture on the credit of her separate , estate.</p> <p>4. The case of Stone v. Darnell, 20 Texas, 11, as to the nature of the homestead right, cited by the court with approbation.</p>