18 ANN BERTA LODGE v. LEVERTON. [Tyler Term,
Statement of the case.
more than one of them, if supported by evidence, a judgment
in their favor would be fully warranted.
The judgment is reversed and the cause remanded.
REVERSED AND REMANDED.
ANN BERTA LODGE, No. 42, I. 0. O. F., v. MARTHA J. LEVERTON.
1. WVIFE'S POVWER OVER COMMUNITY PROPERTY WHEN ABANDONED
BY HTUSBAND.-It is not an open question in this court that the
wife, when forced by the action of the husband to assume and fulfill
the duties of a feme sole, or the head of the family, may exercise the
rights and privileges of such position.
2. ANNOUNCEMENT OF READY-AMENDMENT OF PLEADING.-The announcement
of ready, when there are questions of law to be considered
by the court, implies readiness, unless the rulings of the court
upon the pleadings require their amendment; and the right to amend
pleadings to which exceptions have been sustained only authorizes
the amendment of the pleadings held to be defective.
3. PRACTICE IN SUPREME COURT.-A bill of exceptions to the admissibility
of evidence is held a waiver of objections not urged; and this
court will not consider objections apparent in the record to evidence
to which other objections were made.
4. INSTRUCTIONS excluding the effect of evidence, admitted for reasons
not urged when the testimony was offered, should not be given.
Objections to testimony must be taken when it is offered.
5. In an action of trespass to try title, where defendant has no title he
cannot show in defense that plaintiff had not paid a valuable consideration
for his title.
0. PAROL CONTRACT FOR SALE OF LANDS.-Tender of purchase money,
making improvements by vendee, (it not appearing that vendee expendel
beyond rents received by him,) and possession, do not constitute
such part performance of a parol agreement for sale of lauld
as will justify a decree of specific performance of such parol agrree
ment to sell.
7. See discussion of principles governing specific execution of parol contracts
for sale of land.
APPEAL from Anderson. -Tried below before the Hon
A. J. Fowler.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed September 16, 2014.