Story v. Marshall
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. This was an action of trespass to try title, brought by John F. Marshall and his wife, Mary Julia Marshall, to recover, in right of the wife, from William. R. Story, two lots in the city of San Antonio. The lots in question were^ originally the community property of John Farrell and his wife Mary Jane Farrell. On the 6th of May, 1853, John Farrell, executed a deed for the lots to his wife.
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. This was an action of trespass to try title, brought by John F. Marshall and his wife, Mary Julia Marshall, to recover, in right of the wife, from William. R. Story, two lots in the city of San Antonio. The lots in question were^ originally the community property of John Farrell and his wife Mary Jane Farrell. On the 6th of May, 1853, John Farrell, executed a deed for the lots to his wife. The deed purported to have been made in consideration of $100;. but it was proved, upon the trial, by the attorney who drew it, that this was…
1Opinion of the CourtWheeler, C. J.
It is not questioned that, under our law, the husband may make a gift or grant of property to his wife, by conveyance to her, directly, without the intervention of trustees. It has been so held, in repeated decisions. (14 Texas Rep. 443; 16 Id. 286; Id. 314; 7 Id. 576.) And where property was purchased by the husband, with the funds of the community, and the deed taken in the name of the wife, it was held, that the presumption that it remained community property, might be rebutted by proof of the declarations of the husband, made at the time, showing that he intended the property to become…
2Cases cited3 opinions
- Fitts v. FittsTexas Supreme Court · 1855
- Higgins v. Emily Johnson's HeirsTexas Supreme Court · 1857
- Smith v. StrahanTexas Supreme Court · 1856
3Cited by18 opinions
- Peters v. ClementsTexas Supreme Court · 1876
- Yesler v. HochstettlerWashington Supreme Court · 1892
- Evans v. OppermanTexas Supreme Court · 1890
- Furrow v. AtheyNebraska Supreme Court · 1887
- Main v. MainArizona Supreme Court · 1900
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