Brackett v. Devine

Citations

• 25 Tex. 194

Syllabus

<p>Where the plaintiff averred, that the surviving wife retained possession, under the act of the 26th August, 1856, supplementary to the act better defining the marital rights of parties, (Paschal’s Dig., Arts. 4646 to 4653,) and inventoried property, sold a portion of it, and paid some of the debts in full, the averments are sufficient to make her individually liable for a community debt which she had allowed, and had been approved by the chief justice of the county.</p> <p>Where the plaintiff sues the wife, as survivor of the community, it is necessary to aver, as breach, that neither the deceased husband nor the wife has paid the debt. And the breach will not be deduced from inference.</p>