Epperson v. Jones
Texas Supreme Court
Appeal from Polk. Tried below before the Hon. Edwin Hobby. This was a suit for both actual and exemplary damages, brought by Hattie Jones, joined by her husband, J. H. Jones, on April 9, 1884, in the district court of Polk county, against T. J. Epperson, sheriff of that county, and Charles Heidenheimer, Jake Stern and D. M. Ehrlich, for the wrongful and malicious levy of an execution in favor of the three last named defendants against the plaintiff, J. H. Jones, and one M.…
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Appeal from Polk. Tried below before the Hon. Edwin Hobby. This was a suit for both actual and exemplary damages, brought by Hattie Jones, joined by her husband, J. H. Jones, on April 9, 1884, in the district court of Polk county, against T. J. Epperson, sheriff of that county, and Charles Heidenheimer, Jake Stern and D. M. Ehrlich, for the wrongful and malicious levy of an execution in favor of the three last named defendants against the plaintiff, J. H. Jones, and one M. L. Matthews, upon a certain stock of goods, wares and merchandise, alleged to be the separate property of the plaintiff,…
1Opinion of the Court
Willie, Chief Justice.
The presumption being that all property acquired by either the husband or the wife during marriage, by onerous title, is community estate, the burden of proving that any portion thus acquired is the separate estate of the wife rests upon the party asserting that fact.
Our decisions exact great certainty in making this proof; and, where the property has been paid for in money, it must be made reasonably clear that this money was derived by the wife in such manner as to constitute it her own separate funds. The evidence in this case shows, with sufficient certainty, that…
2Cases cited3 opinions
- Wallace & Co. v. FinbergTexas Supreme Court · 1876
- Green v. FergusonTexas Supreme Court · 1884
- Braden v. GoseTexas Supreme Court · 1882
3Cited by37 opinions
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- Wilson v. WilsonTexas Supreme Court · 1947
- Middlebrook Bros. v. ZappTexas Supreme Court · 1889
- Walker-Smith Co. v. CokerCourt of Appeals of Texas · 1943
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