Legal Opinion

Love v. Robertson

Texas Supreme Court

Decided July 1, 1851PublishedCited by 36 opinions

Appeal from Washington. This ease had its origin in the Probate Court of Washington county, in a controversy between the appellant, Mary Love, formerly Mary Robertson, widow of Jonathan Robertson, deceased, and his only child and heir, Felix F. Robertson, (a minor, represented by his guardian,) respecting the ownership of two negroes, Peter and Finn. The widow claimed that they were community property, and the heir that they were the separate property of liis father.

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Appeal from Washington. This ease had its origin in the Probate Court of Washington county, in a controversy between the appellant, Mary Love, formerly Mary Robertson, widow of Jonathan Robertson, deceased, and his only child and heir, Felix F. Robertson, (a minor, represented by his guardian,) respecting the ownership of two negroes, Peter and Finn. The widow claimed that they were community property, and the heir that they were the separate property of liis father. The facts, as agreed by the parties, were, that the said Jonathan and Mary were married in Texas in the year 1837. The husband…

1Opinion of the CourtWhbeleR, J.

The inquiry presented by the assignment of error is, did the title to the property purchased by tlie husband during the marriage with tlie money which he received from the sale of his patrimony vest in him as his separate property, or did it accrue to the community?

In the case of Scott & Solomon v. Maynard and Wife, (Dallam, 548,) in reference to authorities upon the laws of Spain cited in their opinion, the court say: “ From an examination of these authorities we are justified in concluding that, under the Spanish laws, property acquired during marriage by purchase, whether the acquisition…

2Cases cited1 opinion

  1. Scott v. MaynardTexas Supreme Court · 1843

3Cited by36 opinions

  1. Free v. BlandSupreme Court of the United States · 1962
  2. Hilley v. HilleyTexas Supreme Court · 1961
  3. Cameron v. CameronTexas Supreme Court · 1982
  4. Graham v. FrancoTexas Supreme Court · 1972
  5. Continental National Bank v. WeemsTexas Supreme Court · 1888

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