Edrington v. Mayfield
Texas Supreme Court
Error from Fayette. This was a trial of the right of property under the statute, and the question for determination is whether the slave levied on is the property of the husband or of the community, or a portion of the separate estate of the wife, and as such not liable for the debts of the husband.
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Error from Fayette. This was a trial of the right of property under the statute, and the question for determination is whether the slave levied on is the property of the husband or of the community, or a portion of the separate estate of the wife, and as such not liable for the debts of the husband. The facts of the case were that the husband purchased the slave, a woman, in 1842; that she went with his family to Tennessee upon a visit; that she was levied upon in tiiat State and sold as the property of the husband, and bought by the uucle of the wife, and by him giveh to her by delivery in…
1Opinion of the Court
Hemphill, Ch. J.
That the gift took effect and vested title to the property in the wife, as (he donee, according to the laws of Texas, and not those of Tennessee, regulating marital rights, has not been questioned in this court, and the only point for examination is the legal effect of the want of registration of this properly in the county where the wife lived upon her rights as against the -creditors of her husband. This has been discussed in the argument, as if the properly had been acquired by the wife after the adoption of the Constitution of the Slate, and as consequently affected by the…
2Cited by7 opinions
- King v. BruceTexas Supreme Court · 1947
- Price v. ColeTexas Supreme Court · 1872
- Tirado v. TiradoCourt of Appeals of Texas · 1962
- Selover v. American Russian Commercial Co.California Supreme Court · 1857
- Mason v. CrumpCourt of Appeals of Texas · 1953
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