Rose v. Houston
Texas Supreme Court
Error from Walker. Houston brought suit against Woo-ton, on his promissory note for the payment to the plaintiff, of five hundred dollars. .The plaintiff in error, intervening, filed her petition, claiming the note sued on, and praying judgment upon it.
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Error from Walker. Houston brought suit against Woo-ton, on his promissory note for the payment to the plaintiff, of five hundred dollars. .The plaintiff in error, intervening, filed her petition, claiming the note sued on, and praying judgment upon it. Her petition alleged, in substance, that previous to the making of the note, she, being a married women, the wife of one Granville Eose, was the owner of a tract of land, her own separate property, derived by inheritance from her father: that, jointly with her husband, she sold and conveyed to the defendant Wooton, a part of the land; and that…
1Opinion of the CourtWheeler, J.
The question to be determined, is, whether the note, given for the purchase money of the wife’s separate property, was also the separate property of the wife. And this question, it is conceived, has been settled by the repeated decisions of this Court. It has been decided, not only, that property received in exchange for the separate property of one of the parties to the nuptial contract, remains separate property ; but that property purchased with money, which was obtained upon the sale of the separate property of either husband or wife, also remains separate property. (Love v. Robinson, 7…
2Cited by25 opinions
- Arnold v. LeonardTexas Supreme Court · 1925
- Cameron v. CameronTexas Supreme Court · 1982
- Graham v. FrancoTexas Supreme Court · 1972
- Continental National Bank v. WeemsTexas Supreme Court · 1888
- Stephens v. StephensCourt of Appeals of Texas · 1927
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