McDade v. Sams

EVANS, Justice.

This is an appeal from the trial court’s judgment setting aside a default judgment previously rendered against the plaintiff on the defendant’s counterclaim, and awarding the plaintiff title to and possession of a tract of 23 ½ acres of land in Waller County, Texas.

The parties were divorced by decree dated June 16, 1958, which recited that no community property had been accumulated during the marriage. The basic dispute between the parties is whether the land in controversy was owned by the community, having been acquired during the marriage, or whether it constituted the…