Legal Opinion

Stewart v. Marshburn

Court of Appeals of Texas

Decided February 16, 1922No. 748Published

Appeal from. District Court, Tyler County; D. F. Singleton, Judge. Action of trespass to try title, between Sidney Stewart and others against L. H. Marshburn and others. From judgment for the latter, the former appeals.

1Opinion

On Motion for Rehearing.

Section 4 of the Act of January 20, 1840, regulating marital rights, is as follows:

“Be it further enacted, that all property which the husband or wife may bring into the marriage except land_ and slaves and the wife’s paraphernalia and"¿11 the* property acquired during the marriage, except such land or slaves, or their increase, as may be acquired by either party, by gift, devise, or descent, and except also the wife’s paraphernalia, acquired as aforesaid, and during the time aforesaid, shall be the common property of the husband and wife, and during the coverture may…

2Cases cited13 opinions

  1. Burnham v. Hardy Oil Co.Texas Supreme Court · 1917
  2. Patty v. MiddletonTexas Supreme Court · 1891
  3. McKamey v. ThorpTexas Supreme Court · 1884
  4. Edwards v. BrownTexas Supreme Court · 1887
  5. Hill v. MooreTexas Supreme Court · 1884

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