Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-03-18

company We do not wish 90 be- undcr.
atoOd nH approving the uuctH' nnnptcd
by the Jury IN attempting "a upporuon the
done IN this cauc, but We believe the Gulf,
Colorado aud Santa Fe hallway company
n in mo- position 10 complain uf this nor
Associate Justice
No ia David NJ wadldna et AL, ap.
ponanta vs, Cary Wntaou ot AL appel
icos Appeal ftom urayson county
CONCLuRlONs,
This ~ an agreed cnun under the statute.
Appellants claim ns the heirs OF Lilac Wnh
conveyance Prom hor on jan. a. 1886.
she owned an undivided half Interest in
1891 acres " land ritraiea in ornya9n
county, the Othor undivided hulf which a.
The land IN controversy being then owned
hy her brother. who died about 1854 nnd
prior % her death The controversy turun
upon The effect % be- given the deed cNerui
81 by her aud her husband. Andrew Jack
SON WAddns, 1T the date lrHt above named,
which was duly acknowledged 49, tbon r.
quired 10y the statute go 40 20 pass Tue
lille OF 4 married woman 10 her aoparate
estate Tho body Of the Instrument foads
know all men BY these presents that
We, Andrew Jackn0n Watkins aud Lillins
WadkinH. wife Of said Andrew Jackson
watkins, and also heir al law daughter N
william Htonrham. deceased, and his WHO,
ll, &c., s,onsham f9, ana no e2Hilasral s
csipi whereof u hereby acknowledged, have
gIrlnted, bprKnined sold and rclraesd and
by these presents % grant bargain ugli
% certain tract VI parcel of lmd situated
IN Grayn0n county. Texas, patented 10
Robert Nall, Mgre foliowA q complete and
particular description ~ the entire traoi
Of land, ihe tile 10 Onr-haf Of which
II In controversy. hy inetpra and bOndal
containing iitAa acrna ~ land, 70 have
aud 10 Hold thc said land together With
~ and singular the uppurcnanceg uHhta,
members aud bereditNmsnia 10 The nAme
belonging or Ia nnyWiae anridcnt on nppefs
tanning unto said Amos Mortu, his heirs
and usclgus forever"
Appellants were denied recovery ON
the ground that THIS decd bad the effect 10
prevent them from HHf Utiug the tiilr ne.
quref after ~ rErcuiion 10 nn undivided
half interest by dgae0ut from tle deceaHfd
brother ~ tlrlr ancestor Llllias watkins.
That " deed without any c0Yrunnt or
warranty which inanifesa the intcnuOn 0f
tle gputor 10 convey the entire estate
III lnnla aud moi n.oiciy bis right, uae
and interest therein. yil eotOp him from
asserting an after acquired uuc hos been
ys FToeman. e3 Texas, $50. We are not
aware. however 81 any caaea IN which
this rule has been applied ~ our supreme
court To The deed " married woman.
form upon the question u n generally
ruled thnt Ehe is not Halle in damages
Tor breach or her cpfepnAtNi though thH
decd BE- executed Ga compliance with
statute; and that she - not estoppod fnem
asserting 90 after acquired Title where aha
simply Jors her husband 10 DC convey
amos u BIZ property. hhn, ordinarily, "
not est0ppod. u tbs absence Of fraud,
from asserting tile q her separate properly
"a account n an Intellectual gitempf 20
convey n under the statute, BY reason
M non .ootaUliance herewith There arc
eases ~ pnititiOh by agreement 100 which
fnarflsd women have been estoppad thuuxh
tb0ir deeds were not acknowledged 10 aB
10 pass liie, Ialhln w. Anderson, ~
"A " Rep. 40 ana eases there cited.
Tie supFcne court o. Indiana, after
reviewing the authorities bearing ppon the
question Va a case 10 point. concluded ihe
oIlulou with this statement upon pfiu.
dple, b. reason ana authority, ~ are
thus guided ~ thc opnCiugior, mat, where
a MARRIED woman Joins Win her husband
Ia 4 coagsyanco " lands Held ln her own
light which purporte ~ convoy tie entire
eaiatr thnfen fle s. cEfupped from aftcr.
Wards setting 1p aly ilte 20 the lands
y, congayed phefhe Il existed NJ HE
tlme u mAkiaf ~ egnyoyauce, 81 was
aiihsouuenfly hgqllret."
Kias q eea' s. ina., a.; Hln ", Wet
Il I sesma 70 "a tbst these eases aunounce
thr n0rrecf doctrine. Our conclusion thea
~ tlhf the deed 81 married wSneu.
etecuffd IA cguplehce wiki The athtrfe
providing ~ f1e conveyance " hor sfpa.
ih flll htle should opffefe ~ aH egiolpl
tho same % " sue were nos Under cefef-