Taylor v. Murphy
Texas Supreme Court
Error from Harrison. Tried below before the Hon. A. J. Booty. This suit was instituted in the District Court of Harrison county on a note given by Adaline Boberts, when a feme-sole, for the purchase-money of a lot of land. Before the institution of this suit she married A. Taylor. Defendants pleaded failure of consideration; that they had been sued in the Federal Court at Tyler, Texas, by H. Gilliam et al., and were about to be evicted from the land.
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Error from Harrison. Tried below before the Hon. A. J. Booty. This suit was instituted in the District Court of Harrison county on a note given by Adaline Boberts, when a feme-sole, for the purchase-money of a lot of land. Before the institution of this suit she married A. Taylor. Defendants pleaded failure of consideration; that they had been sued in the Federal Court at Tyler, Texas, by H. Gilliam et al., and were about to be evicted from the land. On the 18th of October’, 1876, the cause came on for trial. Plaintiffs took judgment on an ex-parte trial. Although the judgment is entered as…
1Opinion of the Court
Moore, Chief Justice.
The question to be determined in this case is whether community property may be taken in execution in satisfaction for debts of the wife contracted before marriage. This question, so far as I am aware, has never been authoritatively determined by this court. It has on one or two occasions been adverted to by the court, but in no case to 'which my attention has been called has it been so directly involved as seemingly, in the opinion of the court, to require or perhaps justify more than the incidental references to it which have been made. I may be told that it is…
2Cases cited5 opinions
- Howard v. NorthTexas Supreme Court · 1849
- Nash v. GeorgeTexas Supreme Court · 1851
- Booth v. CottonTexas Supreme Court · 1855
- Roundtree v. ThomasTexas Supreme Court · 1869
- Tuberville v. StateTexas Supreme Court · 1849
3Cited by25 opinions
- Capitol Rod & Gun Club v. Lower Colorado River AuthorityCourt of Appeals of Texas · 1981
- Moody v. SmootTexas Supreme Court · 1890
- Forsythe v. PaschalArizona Supreme Court · 1928
- Commissioner of Internal Revenue v. PorterCourt of Appeals for the Fifth Circuit · 1945
- Lilly v. YearyCourt of Appeals of Texas · 1912
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