1. Wife's Power of Attorney to Husband. — A power of attorney from the wife to her husband authorizing him to convey her separate real estate is void, and a deed by him thereunder does not divest her title to the property, and will not estop her from afterwards claiming it.
2. Same — Five Years' Limitations — Deed. — A deed conveying separate property of the wife, executed by the husband under a power of attorney from her, duly recorded and accepted by the grantees in the belief that it conveys a perfect title, and under which they have had five years' possession after the wife's discoverture, is sufficient to support the five years' statute of limitations against her.
3. Limitations — Payment of Taxes. — Limitations began to run in favor of defendants January 23, 1883, the five years' next thereafter expiring January 23, 1888. They paid the taxes for 1883, 1884, 1885, 1886, and 1887, but did not pay them for 1888. Held, that as the taxes for 1888 were not due and payable until after the bar of the statute was complete, the title of defendants under the five years' statute was perfect without their payment.
STEPHENS, ASSOCIATE JUSTICE.
The conclusions of law and fact upon which the judgment appealed from was rendered we approve, and hence affirm the judgment.
Affirmed.
Writ of error refused.