Cooke v. Bremond
Texas Supreme Court
Error from Harris. Tried below before the Hon. P. W. Gray. Suit by the plaintiffs in error, as heirs-at-law of Catherine N. Cooke, against the defendant in error for a cancellation of a deed to a block of lots in the city of Houston, made by Abner Cooke to the defendant on the 4th of September, 1846. The plaintiffs alleged in their petition that they were the children and heirs-at-law of Catherine N. Cooke, who died intestate in October, 1848; that on the 17th of February,…
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Error from Harris. Tried below before the Hon. P. W. Gray. Suit by the plaintiffs in error, as heirs-at-law of Catherine N. Cooke, against the defendant in error for a cancellation of a deed to a block of lots in the city of Houston, made by Abner Cooke to the defendant on the 4th of September, 1846. The plaintiffs alleged in their petition that they were the children and heirs-at-law of Catherine N. Cooke, who died intestate in October, 1848; that on the 17th of February, 1846, E. B. Nichols, in consideration of the natural love and affection which he bore to the said Catherine, who was his…
1Opinion of the CourtMoore, J.
The court below did not err in sustaining the demurrer to the plaintiffs’ petition. Our whole system of marital rights is based upon the fact that acquisitions, either of the joint or separate labor or industry of the husband or wife, become common property; and as a general rule deducible from this principle, all property acquired by purchase or apparent onerous title, whether the conveyance be in the name of the husband or of the wife, or in the names of both, is prima facie presumed to belong to the community. It is true that it is now a well established, and long recognized rule of…
2Cases cited3 opinions
- Higgins v. Emily Johnson's HeirsTexas Supreme Court · 1857
- Smith v. StrahanTexas Supreme Court · 1856
- Dunham v. ChathamTexas Supreme Court · 1858
3Cited by43 opinions
- White v. McGregorTexas Supreme Court · 1899
- Edwards v. BrownTexas Supreme Court · 1887
- Veramendi v. HutchinsTexas Supreme Court · 1878
- Cooke v. AverySupreme Court of the United States · 1893
- Marshburn v. StewartTexas Supreme Court · 1924
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