Mexia v. Oliver - 148 U.S. 664 (1893)
U.S. Supreme Court
Mexia v. Oliver, 148 U.S. 664 (1893)
Mexia v. Oliver
Submitted March 28, 1893
Decided April 17, 1893
148 U.S. 664
In Texas, a married woman who owns land in her own right, cannot convey it by her husband, as her attorney, under a power of attorney from her to him, without herself signing and acknowledging privily the deed, although her husband joins in the deed individually.
Where a suit is brought in Texas by a married woman and her husband, to recover possession of land, her separate property, and the petition is endorsed with a notice that the action is brought as well to try title as for damages, it is error to admit in evidence against the plaintiffs such a power of attorney and deed, although there is an issue as to boundary and acquiescence and ratification.
It does not appear beyond a doubt that such error could not prejudice the rights of the plaintiffs.
The case is stated in the opinion.