Higgins v. Emily Johnson's Heirs
Texas Supreme Court
Appeal from Bastrop. Tried below before the Hon. Thomas H. DuVal. Chauncey Johnson and his. wife Emily emigrated to Texas in 1840. In 1846 a patent was issued by the State of Texas to the said Emily, as assignee of Daniel Winchel, for one-third of a league of land situated in what is now Burnett county, and was recorded in the office of the County Clerk on the 14th of June, 1851. On the 16th day of August, 1850, the said Chauncey, trading in partnership with his son John S.…
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Appeal from Bastrop. Tried below before the Hon. Thomas H. DuVal. Chauncey Johnson and his. wife Emily emigrated to Texas in 1840. In 1846 a patent was issued by the State of Texas to the said Emily, as assignee of Daniel Winchel, for one-third of a league of land situated in what is now Burnett county, and was recorded in the office of the County Clerk on the 14th of June, 1851. On the 16th day of August, 1850, the said Chauncey, trading in partnership with his son John S. Johnson, under the firm name of C. Johnson & Son, for value received, executed a note to Jacob C. Higgins for $976 93,…
1Opinion of the Court
Hemphill, Ch. J.
But one question is presented in this case, viz: Was the land in controversy a portion of the community estate of Chauncey Johnson, or was it the separate property of Emily his wife ? The certificate was conveyed and the patent issued to the wife; but the purchase being made by the husband, with community funds, and it being the prima facie presumption that a purchase, though in the name of the wife, is a portion of the common property, the question is whether the declarations of the husband, at the time of the purchase, are such as to repel this presumption and amount to a…
2Cited by55 opinions
- Kahn v. KahnTexas Supreme Court · 1900
- Edwards v. BrownTexas Supreme Court · 1887
- Hanrick v. PatrickSupreme Court of the United States · 1886
- Veramendi v. HutchinsTexas Supreme Court · 1878
- Peters v. ClementsTexas Supreme Court · 1876
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