Legal Opinion

Ullmann, Lewis & Co. v. Jasper

Texas Supreme Court

Decided April 10, 1888No. 5959PublishedCited by 35 opinions

Appeal from. Montague. Tried below before the Hon. F. E. Piner. This appeal involves ownership of lots 20, 21 and 62 in town of Hillsboro. The parties, W. H. and Damaris Grant, were married January 29, 1883. At their marriage the husband had but little property.- The wife owned several tracts of land. The lands were quickly sold. With about five hundred dollars of the wife’s money Grant bought a stock of groceries from plaintiffs, paying half cash and balance on credit.

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Appeal from. Montague. Tried below before the Hon. F. E. Piner. This appeal involves ownership of lots 20, 21 and 62 in town of Hillsboro. The parties, W. H. and Damaris Grant, were married January 29, 1883. At their marriage the husband had but little property.- The wife owned several tracts of land. The lands were quickly sold. With about five hundred dollars of the wife’s money Grant bought a stock of groceries from plaintiffs, paying half cash and balance on credit. The business was carried on in the husband’s name. The money realized from sales was deposited in bank to his own account,…

1Opinion of the Court

Walker, Associate Justice.

It is unnecessary to notice the numerous assignments of error relating to the claim to the lots twenty and twenty-one, as the separate property of Mrs. Grant. A careful examination of the record shows that the trial judge was sufficiently careful in the admission of testimony and that the burden by the law upon the wife of proving satisfactorily that her separate funds were used in the purchase, was presented in the charge. Some slight errors, resulting, perhaps, from oversight, appear, which will readily be corrected on another trial.

The transaction of November 9,…

2Cases cited1 opinion

  1. Newton v. CalhounTexas Supreme Court · 1887

3Cited by35 opinions

  1. Jasper v. HazenNorth Dakota Supreme Court · 1894
  2. Sparks v. TaylorTexas Supreme Court · 1906
  3. Schuster v. L. Bauman Jewelry Co.Texas Supreme Court · 1890
  4. Kearse v. KearseTexas Commission of Appeals · 1925
  5. McClintic v. Midland Grocery & Dry Goods Co.Texas Supreme Court · 1913

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