Legal Opinion

Townsend v. P. J. Willis & Bro.

Court of Appeals for the Fifth Circuit

Decided February 2, 1897No. 456PublishedCited by 2 opinions

Appeal from the Circuit Court of the United States for the Northern District of Texas. This suit was originally begun in the district court of Erath county by appellants, all of whom are citizens of the state of Texas, against P. J. Willis & Bro., a corporation duly incorporated under the laws of the state of West Virginia, and F. O. Oldham, a citizen of Texas.

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Appeal from the Circuit Court of the United States for the Northern District of Texas. This suit was originally begun in the district court of Erath county by appellants, all of whom are citizens of the state of Texas, against P. J. Willis & Bro., a corporation duly incorporated under the laws of the state of West Virginia, and F. O. Oldham, a citizen of Texas. On the application of P. J. Willis & Bro., the cause was removed to the United States circuit for the Northern district of Texas, and there, on motion, the court ordered that the pleading should be recast so as to conform to the rules…

1Opinion of the CourtPardee, Circuit Judge

(after stating the facts). The provisions of tbe Revised Statutes of Texas in regard to the administration of community property which are pertinent to the issues in this case are as follows:

“Art. 2219 (2194). The community property of the husband and wife, except such as is exempt from forced sale, shall he liable for all debts contracted during marriage. And in the settlement of such community estates it shall be the duty of the survivor, executor or administrator, to keep a separate and distinct account of all the community debts allowed or paid in the settlement of such estate.”
“Art. 2221…

2Cases cited4 opinions

  1. Buchanan v. BilgerTexas Supreme Court · 1885
  2. Cordier v. CageTexas Supreme Court · 1876
  3. Pratt v. GodwinTexas Supreme Court · 1884
  4. Geeen v. GrissomTexas Supreme Court · 1880

3Cited by2 opinions

  1. Castleman v. GoodmanTexas Supreme Court · 1923
  2. Tucker v. Imperial Oil & Development Co.Court of Appeals of Texas · 1921

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