Jones' Adm'r v. Jones
Texas Supreme Court
Appeal from Fayette. John Rice Jones, then intermarried with Ruth Mary Jones, acquired a league of land as a head-right. On the 21st of March, 1837, he made a contract with Edwin Waller, to pay a certain amount of money on the 1st of February, 1838. On the 5th of September, 1831, Ruth Mary, the wife, died, leaving the present plaintiffs, her children. There was no administration on her estate.
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Appeal from Fayette. John Rice Jones, then intermarried with Ruth Mary Jones, acquired a league of land as a head-right. On the 21st of March, 1837, he made a contract with Edwin Waller, to pay a certain amount of money on the 1st of February, 1838. On the 5th of September, 1831, Ruth Mary, the wife, died, leaving the present plaintiffs, her children. There was no administration on her estate. Judgment was obtained against Jones by Waller, on said contract, in 1838, executions issued regularly until the 11th of August, 1841; 1842, assigned to Herndon. Jones, the surviving husband, sold all of…
1Opinion of the Court
Hemphill, Ch. J.
The contest in this casé is virtually between a creditor of the community and the heirs of such portion of the community as they may be entitled to, in the right *147of their mother; for, that the claim of Herndon is a debt against the community, will not admit of a question; 'it was contracted during the existence of the matrimony, and though the wife died before the debt became due or payable, that did not make it the less a debt against the conjugal partnership. Nor is there any proof that it was contracted for the special benefit of the husband, or of his separate property, or…
2Cited by34 opinions
- Burleson v. BurlesonTexas Supreme Court · 1866
- Stone v. JacksonTexas Supreme Court · 1919
- Moody v. SmootTexas Supreme Court · 1890
- Ashe v. YungstTexas Supreme Court · 1886
- Walker v. AbercrombieTexas Supreme Court · 1884
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