Jordan v. Moore
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. J. P. Stevenson, special judge. This suit was brought by H. W. Moore against David Jordan and Tamer Jordan, in justice’s court, Houston county, to recover a balance due Moore, for advances made by him to the Jordans during the year 1882, and to foreclose a mortgage on certain personal property, given as security for the debt.
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Appeal from Houston. Tried below before the Hon. J. P. Stevenson, special judge. This suit was brought by H. W. Moore against David Jordan and Tamer Jordan, in justice’s court, Houston county, to recover a balance due Moore, for advances made by him to the Jordans during the year 1882, and to foreclose a mortgage on certain personal property, given as security for the debt. Moore sued out a writ of sequestration, and levied on a portion of the property described in the mortgage. On • July 12, 1884, David Jordan replevied the property seized under the writ of sequestration. On July 24, 1884,…
1Opinion of the Court
Stayton, Associate Justice.
The petition for a writ of man-*366The damns to compel the county judge to transfer the cause to the district court, alleged that the wives of the appellee and the county judge were sisters. It further showed that the cause of action, which the appellee was seeking to enforce, pertained to the community estate of him and his wife.
His wife was not nominally a party to the action, but she was so in legal effect. The husband, as the representative of the community, under the statute, may alone sue for and collect any claim due to the community, and a judgment in his favor,…
2Cited by14 opinions
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- Fry v. TuckerTexas Supreme Court · 1947
- Schultze v. McLearyTexas Supreme Court · 1889
- Seabrook v. First Nat. Bank of Port LavacaCourt of Appeals of Texas · 1914
- C. E. Slayton & Co. v. HorseyTexas Supreme Court · 1904
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