Uraney Wilkinson's Heirs v. Wilkinson
Texas Supreme Court
Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by the children, and heirs, of Uraney Wilkinson, against Livingston Wilkinson, William W. Buster, John Estis, Valentine Hoffman, and William Bock, to recover their interest in 640 acres of land, and for a partition.
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Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by the children, and heirs, of Uraney Wilkinson, against Livingston Wilkinson, William W. Buster, John Estis, Valentine Hoffman, and William Bock, to recover their interest in 640 acres of land, and for a partition. The cause was submitted to the Court, without a jury, upon the following statement of facts: Livingston Wilkinson and Uraney, his wife, the parents of the plaintiffs, immigrated to Texas in the year 1839; and on the 21st of December of the same year, a conditional certificate for 640 acres of land was issued…
1Opinion of the Court
Hemphill, Ch. J.
Two questions arise in this case,
1st. Does the land acquired by the husband, the head of a family, under the Act of January 4th, 1839, form a part of the community property ?
2. Had the wife, in the present case, acquired such an interest in the land in controversy, as that at her death an estate therein, descended to her heirs ?
Under the laws of Spain, in force at the date of this Act, and under our present laws, the partnership between husband and wife in property is not, as it is in several countries of Europe, a universal partnership. It did not embrace property owned by…
2Cited by20 opinions
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- Stiles v. HawkinsTexas Commission of Appeals · 1918
- Manchaca v. FieldTexas Supreme Court · 1884
- Ahern v. AhernWashington Supreme Court · 1903
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