Wellborn v. Odd Fellows Building & Exchange Co.
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. On the 10th June, 1875, John Collins deposited with the Odd Fellows Building and Exchange Company of Texas (appellee) $500, for which he took their receipt and obligation to pay, in these words, to wit: “ Houston, June 10, 1875. “Received from Mary Collins five hundred currency dollars, payable on demand, interest at six per cent, per annum. (Signed) “ Edward Haight, $500. “Secretary and Treasurer.”
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Appeal from Harris. Tried below before the Hon. James Masterson. On the 10th June, 1875, John Collins deposited with the Odd Fellows Building and Exchange Company of Texas (appellee) $500, for which he took their receipt and obligation to pay, in these words, to wit: “ Houston, June 10, 1875. “Received from Mary Collins five hundred currency dollars, payable on demand, interest at six per cent, per annum. (Signed) “ Edward Haight, $500. “Secretary and Treasurer.” Mary Collins, mentioned in the receipt", was the wife of John Collins at the date of the receipt, and remained as such until his…
1Opinion of the Court
Walker, P. J. Com. App.
It is not pretended, on any hand, that the $500 deposited by John Collins with the Odd Fellows Building and Exchange Company of Texas was at that time the separate property of his wife, Mary Collins. The presumption of law is that it belonged to the community estate of both of them as husband and wife. Lott v. Keach, 5 Tex., 394; Edrington v. Mayfield, id., 363. The mere deposit of the money by the husband, to the account and credit of his wife, cannot of itself be deemed a circumstance sufficiently explicit as to determine conclusively that such act was intended as a…
2Cases cited13 opinions
- Robertson v. PaulTexas Supreme Court · 1856
- Veramendi v. HutchinsTexas Supreme Court · 1878
- Green v. RugelyTexas Supreme Court · 1859
- Cleveland v. WilliamsTexas Supreme Court · 1867
- Smith v. StrahanTexas Supreme Court · 1856
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3Cited by4 opinions
- Reed v. ReedCourt of Appeals of Texas · 1955
- Hagin v. ShoafAlabama Court of Appeals · 1913
- Mann v. WhiteCourt of Appeals of Texas · 1921
- Mann v. WhiteCourt of Appeals of Texas · 1921