Murphy v. Coffey
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon. Winston Banks. The special facts of this case are not involved in the decision, which is based altogether upon the disability of the plaintiff to maintain the action.
1Opinion of the CourtMorrill, C. J.
This suit was instituted in the district court by a wife to recover community property, being real estate.
The petition states that the husband of the plaiptiff conveyed to the defendant the land in controversy, without the consent of the wife, and in defiance of her express wishes; that the land conveyed is the homestead, and that the husband refuses to institute suit.
The question that meets us, before we are authorized to adjudicate upon the merits of the cause is, can a married woman be a party to a suit relative to community property, in which her husband is not a party, either plaintiff…
2Cases cited1 opinion
- Hooper v. HallTexas Supreme Court · 1867
3Cited by8 opinions
- Few v. Charter Oak Fire Insurance CompanyTexas Supreme Court · 1971
- Yellow Cab & Baggage Co. v. SmithCourt of Appeals of Texas · 1930
- Nail v. TaylorCourt of Appeals of Texas · 1920
- Reade v. de LeaNew Mexico Supreme Court · 1908
- Hillsboro Cotton Mills v. KingCourt of Appeals of Texas · 1908
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