Howley v. Sweeney

Statement of Case.

HIGGINS, J.

Joseph and Mary E. Sweeney were husband and wife. They had five children, viz., Joseph U., John T. R., George O., Euphrasia Josephine, and Mary Louisa. George died unmarried, intestate, and without issue. He died after his father and before his mother, prior to the death of Joseph Sweeney, two tracts of land in the city of El Paso were conveyed to Mrs. Sweeney. There is nothing upon the face of the deeds to show that the property belonged to her separate estate. Presumptively it was community. One of the tracts was situate upon El Paso street, and is referred to…