Andrus v. Randon

Citations

• 34 Tex. 536

Syllabus

<p>1. The ease of Crawford v. Bender, 33 Texas, 745, cited as settling the effect of the constitutional suspension of the statutes of limitation from 1861 to the approval by Congress of the present Constitution of the State, March 30, 1870.</p> <p>2. On the 21st of May, 1861, R. and his wife, with a trustee for the latter, entered into written articles of separation, and by which a division of their principal community property was also made, with a covenant on the part of R. that he would divide the live stock and “ all other community property, when requested.” In 1865 R. procured a decree of divorce. On the twelfth of October, 1863, R. being then dead, his divorced wife sued his executor for her portion of the community funds on hand at the date of the separation, and also joined as defendants the commission merchants in whose hands such iunds were alleged to be. At the date of the separation there were more than $20,000 community funds in the merchants’ hands, but before R. died, he drew out all but some $1500. The plaintiif recovered judgment against the merchants for all of the latter sum, and against the executor for half of the balance of the funds on hand at the date oi the separation. Held, that the plaintiff was not barred by limitation, nor was there error in adjudging to her the entire sum remaining in the hands of the merchants, there appearing to be no debts outstanding against the community.</p>