McClenny v. Humble Oil & Refining Co.

WILLIAMS, Justice.

In 1917, during the marriage relationship of T. B. McClenny and his wife, Annie, he acquired from T. C. McClenny and wife a 47-acre tract of land out of the Geo. Brewer Survey in Wood County, the land in controversy. Having been acquired during marriage, there being no evidence to the contrary, the tract will be assumed to be the community property of T. B. and Annie McClenny. Art. 4619, Vernon’s Civ. Sts. The latter died intestate in 1918. T. B. McClenny joined by his wife, Bessie, he having' married again, under a deed executed by them in 1924 purports to convey the tract…