Diamond v. Borenstein

Texas Supreme Court

Diamond v. Borenstein

414 S.W.2d 454, 10 Tex. Sup. Ct. J. 260, 1967 Tex. LEXIS 308

CourtTexas Supreme Court

DecidedMarch 15, 1967

DocketB-67

StatusPublished

Cited by2 cases

This text of 414 S.W.2d 454 (Diamond v. Borenstein) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Diamond v. Borenstein, 414 S.W.2d 454, 10 Tex. Sup. Ct. J. 260, 1967 Tex. LEXIS 308 (Tex. 1967).

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Opinion

PER CURIAM.

We approve the court of civil appeals’ holding that the Legislature by repealing art. 1299, Vernon’s Ann.Civ.St., removed the requirements of the husband’s joinder and the wife’s privy acknowledgment for -an effective conveyance by the wife of her separate non-homestead property. 410 S.W.2d 457. The Legislature, however, did not repeal arts. 6605 and 6608 which state the manner and form of a married woman’s acknowledgment. Those two articles must still be observed for purposes of recordation, notice and other instances expressly required by law. In the present case, the wife’s defective acknowledgment *455 of the deed of trust did not render it void and unenforceable as between the parties to the transaction. The application for writ of error is refused, no reversible error. Rule 483, Texas Rules of Civil Procedure.

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PER CURIAM.

We approve the court of civil appeals’ holding that the Legislature by repealing art. 1299, Vernon’s Ann.Civ.St., removed the requirements of the husband’s joinder and the wife’s privy acknowledgment for -an effective conveyance by the wife of her separate non-homestead property. 410 S.W.2d 457. The Legislature, however, did not repeal arts. 6605 and 6608 which state the manner and form of a married woman’s acknowledgment. Those two articles must still be observed for purposes of recordation, notice and other instances expressly required by law. In the present case, the wife’s defective acknowledgment *455 of the deed of trust did not render it void and unenforceable as between the parties to the transaction. The application for writ of error is refused, no reversible error. Rule 483, Texas Rules of Civil Procedure.

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Bluebook (online)

414 S.W.2d 454, 10 Tex. Sup. Ct. J. 260, 1967 Tex. LEXIS 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diamond-v-borenstein-tex-1967.

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