Diamond v. Borenstein
| Decision Date | 15 March 1967 |
| Docket Number | No. B--67,B--67 |
| Citation | 414 S.W.2d 454 |
| Court | Texas Supreme Court |
| Parties | David S. DIAMOND et ux., Petitioners, v. Allen BORENSTEIN et al., Respondents. |
Paxson & Santiesteban, Robert E. Kennedy, John G. Lay, El Paso, for petitioners.
Potash, Cameron, Bernat & Studdard, El Paso, for respondents.
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 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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Click v. Seale
...and The wife's privy acknowledgment for an effective conveyance by the wife or her separate non-homestead property.' (Emphasis added) (414 S.W.2d 454) It is clear that repeal of Article 1299 in 1963, and not the amendment of Article 4614 in 1957, removed the requirement of 'the wife's privy......
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Mata v. Rangel
...hand, there is no conflict between Article 4614 as amended and Article 6605, so that Article 6605 was not repealed. See Diamond v. Borenstein, 414 S.W.2d 454, (Tex.1967). The deed from Fidencia Enriques to appellant was not acknowledged as required by Article 6605. If she was a married woma......