Sauvage v. Wauhop
Court of Appeals of Texas
Appeal from District Court, Red. River County; Ben H. Denton, Judge. Action by W. A. Wauhop against Kate D. Sauvage. From a judgment for plaintiff, defendant appeals. The appellant brought the suit of trespass to try title and for partition of 213 acres of the C. A. Ballard survey and 219 acres of the John Bartley survey in Red River county. The two surveys are contiguous, as are the lands in suit.
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Appeal from District Court, Red. River County; Ben H. Denton, Judge. Action by W. A. Wauhop against Kate D. Sauvage. From a judgment for plaintiff, defendant appeals. The appellant brought the suit of trespass to try title and for partition of 213 acres of the C. A. Ballard survey and 219 acres of the John Bartley survey in Red River county. The two surveys are contiguous, as are the lands in suit. It was alleged that the lands were community property of Mary J. Wauhop and John W. Wauhop, both deceased. Appellant claims a one-half undivided interest as sister and sole surviving heir of Mary…
1Opinion of the CourtLevy, J.
(after stating the facts as above). There is mainly involved here the controversy between the parties, first, as to the determination of whether all the land in suit was vested in the separate estate of John W. Wauhop, or partly the community of himself and wife; second, the proper legal construction that should be given the will of' John W. Wauhop, and whether Mrs. Wau-hop was put upon election and did elect to take under the will. There being no evidence of the character of the personalty, other than the land note of Chapman, it must here be presumed to have been the community property, and…
2Cases cited6 opinions
- Welder v. LambertTexas Supreme Court · 1898
- Creamer v. BriscoeTexas Supreme Court · 1908
- Texas & New Orleans Railroad v. SpeightsTexas Supreme Court · 1901
- Hurley v. LockettTexas Supreme Court · 1888
- Bishop v. LuskCourt of Appeals of Texas · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lee v. LeeTexas Supreme Court · 1923
- Strong v. GarrettTexas Supreme Court · 1949
- Commissioner of Internal Revenue v. Chase Manhattan BankCourt of Appeals for the Fifth Circuit · 1958
- Hutto v. CookTexas Supreme Court · 1942
- Simmons v. CommissionerUnited States Tax Court · 1956
13 more not listed; retrieve them via the Exa API.