Carr v. Tucker
Texas Supreme Court
Appeaj, from Victoria. Tried below before the Hon. T. CL Barden. This was an action brought by Frances Tucker and her husband, J. W. Tucker, against Robert T. Carr, to recover two horses, a wagon, harness, etc., alleged to be the separate property of Frances Tucker. A writ of sequestration was sued out, and the defendant giving a replevy bond retained possession of the property.
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Appeaj, from Victoria. Tried below before the Hon. T. CL Barden. This was an action brought by Frances Tucker and her husband, J. W. Tucker, against Robert T. Carr, to recover two horses, a wagon, harness, etc., alleged to be the separate property of Frances Tucker. A writ of sequestration was sued out, and the defendant giving a replevy bond retained possession of the property. Carr "claimed the property by purchase from the husband, J. W. Tucker, or from his agent, Jones, alleging that the property was community property, or if the separate property of the wife, that she assented to and…
1Opinion of the CourtMoore, J.
The 14th Section of Article 12th of the Constitution says: “ The i-ights of married women to their separate “ property, real and personal, and the increase of the same, “ shall be protected.” And it is insisted that thereby the hire of the separate property of the wife, such as a wagon and horses, is made a part of her. separate estate. ■ To maintain this proposition, it must be shown, that any profit, interest, or revenue arising from the use of such property is a part of its increase. But the word “increase,” as used in our statutes, relating to separate and community property, had,…
2Cases cited4 opinions
- De Blane v. Hugh Lynch & Co.Texas Supreme Court · 1859
- Portis v. ParkerTexas Supreme Court · 1859
- Bateman v. BatemanTexas Supreme Court · 1860
- Walmsley v. HubbardTexas Supreme Court · 1859
3Cited by14 opinions
- Grimes v. StateCourt of Criminal Appeals of Texas · 1991
- Gallagher v. StateCourt of Criminal Appeals of Texas · 1985
- Richey v. MoorTexas Supreme Court · 1923
- Blum v. LightTexas Supreme Court · 1891
- Cleveland v. ColeTexas Supreme Court · 1886
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