Tucker v. Brackett
Texas Supreme Court
Appear from Bexar. The case was tried before Hon. Thomas J. Devine, one of the district judges. This was a suit for an injunction, commenced by the appellee on the 5th of April, 1859, against the appellant, to enjoin a judgment obtained by the latter against the former for over $1,200 on a liability incurred in the lifetime of O. B. Brackett, deceased, the former husband of the appellee. (That case is fully reported in Tucker v. Brackett, 25. Tex.
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Appear from Bexar. The case was tried before Hon. Thomas J. Devine, one of the district judges. This was a suit for an injunction, commenced by the appellee on the 5th of April, 1859, against the appellant, to enjoin a judgment obtained by the latter against the former for over $1,200 on a liability incurred in the lifetime of O. B. Brackett, deceased, the former husband of the appellee. (That case is fully reported in Tucker v. Brackett, 25. Tex. Supp., 199.) The main allegation set out in the original petition was the discovery, since the rendition of the judgment, of a receipt showing a…
1Opinion of the CourtSmith, J.
—The appellee having filed ah inventory and appraisement of the community property of herself and deceased husband in the county court, she thereby rendered herself liable to be sued upon the community debts, for which it was made expressly liable. (O. & W. Dig., Art. 810; Paschal’s Dig., Art. 4646.) And, without any administration or further action in the county court, she had the right to manage, control, and dispose of said community property, real and personal, in such manner as may have seemed best for the estate, and of suing and being sued with regard to the same, in the same manner as *339…
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