Blevins v. Cameron & Mayfield
Texas Commission of Appeals
Appeal from Grayson county. Opinion by Walkek, J. Statement.-^-This suit was brought in June, 1874, by the appellees against the appellants, as husband and wife, on an account for lumber sold and delivered by them to the husband, amounting to $294.42, for the purpose of constructing a dwelling-house and outhouses on two certain lots in the town of Sherman, the title to which was in Mrs. Blevins, the wife.
Read the full summary
Appeal from Grayson county. Opinion by Walkek, J. Statement.-^-This suit was brought in June, 1874, by the appellees against the appellants, as husband and wife, on an account for lumber sold and delivered by them to the husband, amounting to $294.42, for the purpose of constructing a dwelling-house and outhouses on two certain lots in the town of Sherman, the title to which was in Mrs. Blevins, the wife. The plaintiffs alleged that it was not known to them at the time they furnished the lumber that she owned the lots; that her title to them was not then recorded, and that the lumber was used…
1Opinion of the Court
*463Opinion — The plaintiffs’ petition admitted that the wife had the title to the lots at the time of the transaction with her husband in relation to the sale of the lumber, nor does the petition attempt to qualify the implication from that admission that she was the legal and equitable owner of the property. The averments in the pleadings of a party will be taken most strongly against him.
Indeed, so far from seeking to charge the property to be community property^ notwithstanding the fact that the title was held as they allege, the plaintiffs rest their right to subject the property to their…
2Cases cited7 opinions
- Magee v. WhiteTexas Supreme Court · 1859
- Gaylord v. LoughridgeTexas Supreme Court · 1879
- Haynes v. StovallTexas Supreme Court · 1859
- Brown v. EctorTexas Supreme Court · 1857
- Warren v. SmithTexas Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.