Morris v. Morris
Court of Appeals of Texas
An assignment of error that a finding of fact by 'the trial court is against “practically the undisputed evidence” is too uncertain and indefinite to require consideration by the Appellate Court. 4. —Community Debts—Payment by Survivor. . It is immaterial how the application of community property to the payment of community debts is made by the survivor, provided it is made in good faith and at its fair value. 5. —Tenant in Common—Rents—Liability for.
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An assignment of error that a finding of fact by 'the trial court is against “practically the undisputed evidence” is too uncertain and indefinite to require consideration by the Appellate Court. 4. —Community Debts—Payment by Survivor. . It is immaterial how the application of community property to the payment of community debts is made by the survivor, provided it is made in good faith and at its fair value. 5. —Tenant in Common—Rents—Liability for. The liability of the survivor of the community to the heirs of the deceased spouse for rents of the community property is that of a tenant in…
1Opinion of the Court
PLEASANTS, Chief Justice.
—This suit was • brought oy appellants against appellees to recover a one-lialf interest in the community estate of the appellee A. W. Morris and his deceased wife, Mollie P. Morris. The plaintiffs are Alf W. Morris, Jr., M. W. Morris, Mrs. Bessie Parsons, joined by her husband, E. B. Parsons, Milton B. Morris, Guy H. Morris, Mable H. Morris and Hortense Morris. The three last named plaintiffs are minors and sue herein by Alf W. Morris, Jr., their next friend. The defendants are A. W. Morris and Tharp & Griffith, a firm composed of D. C. Tharp and Banks Griffith.
Plaint…
2Cases cited3 opinions
- Akin v. JeffersonTexas Supreme Court · 1885
- Brown v. BaconTexas Supreme Court · 1885
- Foster v. Van NormanTexas Supreme Court · 1846
3Cited by17 opinions
- Stone v. JacksonTexas Supreme Court · 1919
- Schluter v. SellCourt of Appeals of Texas · 1946
- Markum v. MarkumCourt of Appeals of Texas · 1925
- Washington County Irrigation District v. TalboyIdaho Supreme Court · 1935
- Tilley v. KangergaCourt of Appeals of Texas · 1935
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