Smith v. Boquet
Texas Supreme Court
Appeal from Liberty. Tried below before the Hpn. James M. Maxcy. Adelaide Boquet, the appellee, instituted proceedings in the District Court of Liberty county against her husband, Alphonse Boquet, and Elizabeth Waring, administratrix of F. G-. Waring.
Read the full summary
Appeal from Liberty. Tried below before the Hpn. James M. Maxcy. Adelaide Boquet, the appellee, instituted proceedings in the District Court of Liberty county against her husband, Alphonse Boquet, and Elizabeth Waring, administratrix of F. G-. Waring. The material averments were, that she was the wife of the said Alphonse; that she was the owner in good faith and for a valuable consideration, in her own separate right, of two tracts of land adjoining each other, containing in the aggregate nine hundred and seven acres, which is described by metes and bounds, and upon which petitioner and her…
1Opinion of the CourtMoore, J.
The presumption in faVor of the community, re suiting from a deed made to either husband or wife, may, as between themselves and those claiming under them with notice, be rebutted by proof that the purchase was with the separate funds of either party. Aside, however, from the admissions in the answer of Alphonse Boquet, the husband of appellee, which, of Course, cannot affect the appellant Smith, it cannot be said that the evidence established the fact that the note, in Consideration of which the land was conveyed by Swinney to Alphonse Boquet, was the separate property of the appellee. His…
2Cases cited1 opinion
- Higgins v. Emily Johnson's HeirsTexas Supreme Court · 1857
3Cited by15 opinions
- Cox v. MillerTexas Supreme Court · 1880
- Evans v. OppermanTexas Supreme Court · 1890
- Wallace & Co. v. CampbellTexas Supreme Court · 1880
- Grimes v. HobsonTexas Supreme Court · 1877
- Riley v. WilsonTexas Supreme Court · 1893
10 more not listed; retrieve them via the Exa API.