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