Thomas v. Chance
Texas Supreme Court
Appeal from Walker. The petition, in substance, alleges that nn the sixth of March, 1849', John 0. Dodds, the deceased intestate of plaintiff, executed to Lucy Ferris a bill of sale of three negroes, naming them specifically in said bill of sale, the consideration being sixteen hundred dollars, paid in notes of hand on Col. Lewis Goddard, and other considerations not mentioned.
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Appeal from Walker. The petition, in substance, alleges that nn the sixth of March, 1849', John 0. Dodds, the deceased intestate of plaintiff, executed to Lucy Ferris a bill of sale of three negroes, naming them specifically in said bill of sale, the consideration being sixteen hundred dollars, paid in notes of hand on Col. Lewis Goddard, and other considerations not mentioned. Among other matters, it was in said instrument stipulated and agreed between the said Lucy Ferris and the said Dodds, that should the title made by her and E. Ferris to Lewis Goddard, for a certain half league of land,…
1Opinion of the Court
Hemphill, Ch. J.
It has been assumed in the argument for appellees, that the land in controversy was the separate property of the wife Lucy; and the effect of her conveyance, without joinder by the husband, has been discussed by both parties. But in the case of Parker, Ex’r, v. Chance and wife, (ante 513,) we have decided that this land was community property; and it is upon this basis, and not the assumption of separate right, that the acts of the parties must be considered, and their legal effect-ascertained.
One of the grounds- on which the plaintiff claims a rescission of the sale of the…
2Cited by13 opinions
- Magee v. YoungTexas Supreme Court · 1946
- O'Connor v. KochCourt of Appeals of Texas · 1895
- Lockhart v. GarnerTexas Supreme Court · 1957
- Fermier v. BrannanCourt of Appeals of Texas · 1899
- Fox v. BradyCourt of Appeals of Texas · 1892
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