Braden v. Gose

Citations

• 57 Tex. 37
• 1 Tex. L. R. 129
• 1882 Tex. LEXIS 88

Syllabus

<p>1. Separate property op wipe—Community property.— The interest resulting from a loan of the wife’s money is not protected by statute as the separate property of the wife against liability for the husband’s debts.</p> <p>2. Same — Levy — Injunction.—To satisfy an execution against the husband, a levy was made on land conveyed to the wife during coverture in consideration of money paid, txvo-thirds of which was the separate property of the wife, and one-third was interest accumulated from a loan of her separate means. Held, (1) That an undivided interest of one-third of the land was community property, and subject to execution and sale to satisfy the debt of the husband. (2) It is not necessary to procure a partition of land owned by tenants in common in order to subject the interest of one or more of them to sale under execution. (3) The schedule of the wife’s separate estate having been filed for record, and which embraced the land, before the levy, a levy upon the entire tract to satisfy the husband’s debt afforded no ground for injunction.</p> <p>3. Agreed case.— See opinion commending the practice of presenting a cause for hearing as an agreed case.</p>