Brackett v. Devine
Texas Supreme Court
Error from Bexar. The case was tried before Hon. Edmund J. Davis, one of the district judges. Devine sued Brackett upon a promissory note, executed by her deceased husband, payable to his own order, $1,085 05, with 10 per cent, interest, which was averred to be indorsed to Devine. He charged, that O. B. Brackett, the husband, left considerable property, and that the defendant filed an inventory, and took possession, as survivor of the community property.
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Error from Bexar. The case was tried before Hon. Edmund J. Davis, one of the district judges. Devine sued Brackett upon a promissory note, executed by her deceased husband, payable to his own order, $1,085 05, with 10 per cent, interest, which was averred to be indorsed to Devine. He charged, that O. B. Brackett, the husband, left considerable property, and that the defendant filed an inventory, and took possession, as survivor of the community property. He admitted a credit of $900, and that the defendant had acknowledged the claim, subscribing herself as administratrix, and it was approved…
1Opinion of the Court
Wheeler, O. J.
—We think the averments of the peti*196tion sufficient to fix liability on the defendant. The community property must be held bound for the payment of the community debts.' If the surviving wife assume the exclusive control and disposition of the community property, under the provisions of the statute, (O. & W. Dig., Art. 810, et seq.,) she takes it subject to the payment of those debts, and becomes liable for their payment to the extent of the property. The case stated in the petition shows that the defendant had rendered herself so liable. But the plaintiff has failed to state a…
2Cases cited1 opinion
- Holman v. CriswellTexas Supreme Court · 1854
3Cited by4 opinions
- Cotton v. ThompsonCourt of Appeals of Texas · 1913
- Hart-Parr Co. v. PaineCourt of Appeals of Texas · 1917
- First Nat. Bank of New Boston v. DanielCourt of Appeals of Texas · 1914
- Merchants' & Bankers' Fire Underwriters v. WilliamsCourt of Appeals of Texas · 1915