Heidenheimer Bros. v. McKeen
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Rimes. Heidenheimer Bros, recovered a judgment in the district court of McLennan county on the 5th day of June, 1879, against Byron McKeen, for the sum of $1,246.25, and on the 12th day of September, 1881, caused an execution to be issued thereon, and to be levied on certain merchandise in the possession of McKeen, which levy was made on the 14th day of September, 1881. Mary S. McKeen, the appellee, and wife of Byron…
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Appeal from McLennan. Tried below before the Hon. B. W. Rimes. Heidenheimer Bros, recovered a judgment in the district court of McLennan county on the 5th day of June, 1879, against Byron McKeen, for the sum of $1,246.25, and on the 12th day of September, 1881, caused an execution to be issued thereon, and to be levied on certain merchandise in the possession of McKeen, which levy was made on the 14th day of September, 1881. Mary S. McKeen, the appellee, and wife of Byron McKeen, made oath and gave bond for the trial of the right of property, a,nd on June 2, 1883, a trial was had resulting in…
1Opinion of the Court
Watts, J. Com. App.
Notwithstanding the numerous errors assigned, the important question presented by the record is this: Admitting the facts with reference to the purchase of the merchandise *230to be as claimed by appellees, then is it not community property and subject to the levy?
It should be observed that this merchandise was not acquired by Mrs. McKeen by either gift, devise or descent, nor by the exchange of property thus acquired, nor by money derived through the sale of property thus acquired.
Counsel claim that as the merchandise was purchased with money which was borrowed upon the faith…
2Cited by22 opinions
- Gleich v. BongioTexas Supreme Court · 1937
- Sparks v. TaylorTexas Supreme Court · 1906
- Yesler v. HochstettlerWashington Supreme Court · 1892
- Kearse v. KearseTexas Commission of Appeals · 1925
- Heintz v. BrownWashington Supreme Court · 1907
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