Parker v. Portis
Texas Supreme Court
Appeal from Austin. Execution in favor of John Parker against David Y. Portis ; levied on three slaves, Ky or Hezekiah, Orecy and Lidy ; the slaves claimed by Rebecca Portis, wife of David Y. Portis ; affidavit that the slaves were “ her separate property and in nowise liable for the debts of David Y. Portis ; bond by claimant payable to the Sheriff; answer by the claimant, answering with her husband, 1st. That the slaves were her separate property. 2d.
Read the full summary
Appeal from Austin. Execution in favor of John Parker against David Y. Portis ; levied on three slaves, Ky or Hezekiah, Orecy and Lidy ; the slaves claimed by Rebecca Portis, wife of David Y. Portis ; affidavit that the slaves were “ her separate property and in nowise liable for the debts of David Y. Portis ; bond by claimant payable to the Sheriff; answer by the claimant, answering with her husband, 1st. That the slaves were her separate property. 2d. That they were the common property of the defendants, acquired subsequent to their marriage, and therefore not liable for the debts of the…
1Opinion of the CourtWheeler, J.
The property levied on was purchased with money collected by the appellee, Mrs. Portis, as administratrix of the estate of John Cummings. It was the money of the estate with which the property was bought and paid for. It therefore was neither community property of the appellees, nor the separate property of Mrs. Portis ; but was property held by her in trust, for the distributees and heirs of the estate of John Cummings. Though the titles were taken in the name of Mrs. Portis, and whether she was rightfully administratrix or not, still the property in her hands was trust property, held in…
2Cases cited1 opinion
- Sweeney v. JarvisTexas Supreme Court · 1851
3Cited by6 opinions
- Ryan v. Goldfrank, Frank & Co.Texas Supreme Court · 1883
- Crowley v. FinchCourt of Appeals of Texas · 1912
- Newman Bros. Drilling Co. v. Stanolind Oil & Gas Co.Court of Appeals of Texas · 1956
- Cousins v. CousinsCourt of Appeals of Texas · 1931
- Memphis & Little Rock R. v. NolanUnited States Circuit Court · 1882
1 more not listed; retrieve them via the Exa API.