McAlister v. Farley, Jury & Co.
Texas Supreme Court
Appeal from De Witt. Tried below before the Hon. D. D. Claiborne. This suit was brought by Farley, Jury & Co. against the children of Alexander McAlister, deceased (three of whom were minors), and John McAlister, as executor of the- estate of Alexander McAlister, and H. Clay Pleas-ants, for the purpose of establishing a judgment rendered in the District Court for De Witt county against Alexander McAlister, before his death, and in favor of the plaintiffs, and for the purpose…
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Appeal from De Witt. Tried below before the Hon. D. D. Claiborne. This suit was brought by Farley, Jury & Co. against the children of Alexander McAlister, deceased (three of whom were minors), and John McAlister, as executor of the- estate of Alexander McAlister, and H. Clay Pleas-ants, for the purpose of establishing a judgment rendered in the District Court for De Witt county against Alexander McAlister, before his death, and in favor of the plaintiffs, and for the purpose of enforcing payment ■of the same, by sale of certain lands described in the petition. For that purpose they prayed…
1Opinion of the CourtWalker, J.
Two grounds of error are insisted on in this case.
1. That the court erred in refusing to hear evidence going to show that the land last purchased after the death of the mother of the appellants was bought and paid for «with money belonging to the community estate. This •evidence was material; and if the fact were proven conclusively, then it was error in the court to hold that the ¡land was the sole and separate property of the husband. :So far as community funds were used in the purchase of 'this land, it was community property, and Alexander Me*559Alister was bat a tenant in common with his…
2Cases cited4 opinions
- Neil v. KeeseTexas Supreme Court · 1849
- Sossaman v. PowellTexas Supreme Court · 1858
- Ragland v. RogersTexas Supreme Court · 1871
- J. D. Blair & Co. v. ThorpTexas Supreme Court · 1870
3Cited by3 opinions
- Thomas v. AshCourt of Appeals of Texas · 1917
- First Coleman Nat. Bank of Coleman v. VaughanCourt of Appeals of Texas · 1940
- Dickerson v. AbernathyTexas Commission of Appeals · 1880