Mexia v. Oliver
148 U.S. 664 (1893)

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U.S. Supreme Court

Mexia v. Oliver, 148 U.S. 664 (1893)

Mexia v. Oliver

No. 182

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.

Page 148 U. S. 665

MR. JUSTICE BLATCHFORD delivered the opinion of the Court.

This is an action at law, brought in the Circuit Court of the United States for the Northern District of Texas by Sarah R. Mexia and her husband, Enrique A. Mexia, citizens of Mexico, against T. J. Oliver, a citizen of Texas, for the possession of a piece of land. The "first amended original petition" in the suit, filed November 30, 1888, is endorsed with a notice to the defendant that the action is brought as well to try title as for damages. The petition states that on January 1, 1878, the plaintiffs were seised and possessed, in fee, in right of said Sarah R. Mexia, of the following described tract of land, situated in Limestone County, Texas, being some 4,000 acres, more or less, out of 11 leagues of the land granted originally to Pedro Varella,

"beginning at a stake and mound on the eastern boundary of the Pedro Varella 11-league grant, 2,253 varas south, 45

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