Muller v. Evans

Respondents Mr. and Mrs. Evans owned a ranch as community property until they sold it, taking as part of the consideration a note payable only to Mrs. Evans. Petitioner Muller is the assignee of a judgment against Mr. Evans and brought this garnishment action against the makers of the note, attempting to satisfy his judgment out of the proceeds of the note. The district court concluded that the note is community property and awarded Muller the relief sought. The court of civil appeals agreed that the note is community property but held that “the evidence supports the contention that- under §…