John v. Battle
Texas Supreme Court
Appeal from Wharton. ' Tried below before the Hon. Win. H. Burkhart. Appellee, wife of O. L. Battle, who refused to join in the suit, sued her husband and John and Sears, appellants, in trespass to try title and partition, to recover and have set apart to her an interest of two-sevenths, her separate property, in a tract of land consisting of about two thousand six hundred acres. O. L. Battle did not answer.
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Appeal from Wharton. ' Tried below before the Hon. Win. H. Burkhart. Appellee, wife of O. L. Battle, who refused to join in the suit, sued her husband and John and Sears, appellants, in trespass to try title and partition, to recover and have set apart to her an interest of two-sevenths, her separate property, in a tract of land consisting of about two thousand six hundred acres. O. L. Battle did not answer. John and Sears filed general demurrer, and five special exceptions, which will be stated hereafter, which were overruled, and the cause submitted to a jury, who found for the appellee to…
1Opinion of the Court
Walker, P. J. Com. App.
The general demurrer was properly overruled. The plaintiff set forth in her petition a good cause of action. The assignment in bankruptcy by her husband did not have the effect to pass any greater interest in the land than was owned by him as his separate property, and that which he held in community with his wife. Her rights in the land in virtue of her separate estate were not affected by virtue merely of the bankrupt proceedings against her husband, and the purchasers under the bankrupt sale did not acquire her interest, unless they did so as purchasers without…
2Cases cited12 opinions
- James v. FulcrodTexas Supreme Court · 1851
- Wallace & Co. v. FinbergTexas Supreme Court · 1876
- Flanagan v. WomackTexas Supreme Court · 1880
- Willis v. MatthewsTexas Supreme Court · 1877
- Lyell v. Guadaloupe CountyTexas Supreme Court · 1866
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Leyva v. PachecoTexas Supreme Court · 1962
- Foster v. ChristensenTexas Commission of Appeals · 1934
- Griggs v. Houston Oil Co. of TexasTexas Commission of Appeals · 1919
- Luckel v. Barnsdall Oil Co.Court of Appeals of Texas · 1934
- Shannon v. GrayTexas Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.