Medlenka v. Downing
Texas Supreme Court
Ebeob from Harris. Tried below before the Hon. James Masterson. Suit by appellees against the appellants for part of block Ho. 109, on the south side of Buffalo bayou, in the city of Houston, measuring one hundred feet on Jackson street and two hundred and fifty feet on Magnolia street, excepting a piece fifty by one hundred feet out of the same.
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Ebeob from Harris. Tried below before the Hon. James Masterson. Suit by appellees against the appellants for part of block Ho. 109, on the south side of Buffalo bayou, in the city of Houston, measuring one hundred feet on Jackson street and two hundred and fifty feet on Magnolia street, excepting a piece fifty by one hundred feet out of the same. The right to recover was alleged to be, “ That on the 30th day of August, 1876, Anton Medlenka and his wife, Christina Medlenka, the appellants, executed their note for $1,500, due three years after date, with twelve per cent, interest, and that to…
1Opinion of the Court
Stayton, Associate Justice.—
The land in controversy was purchased by Anton Medlenka in 1853, during the life of his first wife, who died in that year. He married the mother of the intervenor, C. B. P. Medlenka, in 1854, and the fact that a portion of the purchase money for the land was paid during the life of the mother of the intervenor is not sufficient evidence that the money so paid was community property of Anton Medlenka and his second wife. The time of that payment is not shown, and it may have been paid soon after that marriage; if so, no presumption would arise that the money was not…
2Cited by47 opinions
- Wynne v. HudsonTexas Supreme Court · 1886
- Cocke v. ConquestTexas Supreme Court · 1931
- Hargadene, McKittrick & Co. v. WhitfieldTexas Supreme Court · 1888
- Tinsley v. DowellTexas Supreme Court · 1894
- Parker v. SchrimsherCourt of Appeals of Texas · 1914
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