Callahan v. Patterson
Texas Supreme Court
Appeal from Guadalupe. This suit was brought by the appellant for a specific performance of a contract for tho sale of one hundred and sixty acres of land purchased hy tho appellant from the defendant James id. Patterson and Sarah E. Patterson, his wife, since dead.
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Appeal from Guadalupe. This suit was brought by the appellant for a specific performance of a contract for tho sale of one hundred and sixty acres of land purchased hy tho appellant from the defendant James id. Patterson and Sarah E. Patterson, his wife, since dead. The petition sets out the purchase of and payment for the lamí, but does not. allege the amount paid; that the laud was the separate property of tho wifo; that a part of tho money was applied to tho payment of a debt for necessaries furnished the said Sarah before her marriage, and the balance for necessaries provided subsequently…
1Opinion of the CourtLipscomb, J.
The first question presented for our consideration is, can the specific relief prayed in the petition be granted ?
Second. Is the petitioner until led to any relief?
It seems to have been a favorite object with the framers of our Constitution to secure to the wife her separate property; and in the 10th section of the General Provisions, they have provided that all “ property, both real and per- “ sonal, of the wife, owned or claimed by her before marriage, and that acquired ■“ afterwards by gift, devise, or descent, shall be her sepárale properly ; and laws “ shall he passed more clearly…
2Cited by23 opinions
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- Bradshaw v. HolmesCourt of Appeals of Texas · 1951
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