Cleveland v. Cole

Citations

• 65 Tex. 402
• 1886 Tex. LEXIS 678

Syllabus

<p>i. Continuance—When, on first application for a continuance, the affidavit is in strict compliance with the statute, the court has no discretion in the matter, but must continue the cause. (Citing Jones v. Banks, Galveston term, 1886, and Chilson v. Reeves, 29 Tex. 275.)</p> <p>2. Community property—Husband and wife—Crops grown upon land of the wife—Crops grown upon the land of the wife, although the labor and other means used in their production are of her separate estate, become the community property of the husband and wife. (Following DeBlanc v. Lynch, 23 Tex. 25; Forbes v. Dunham, 24 Tex. 611; and Garr v. Tucker, 42 Tex. 330.)</p> <p>3. Same—Property purchased by the wife on credit, to be paid for out of the proceeds of crops grown upon her land, is community property.</p> <p>4. Community estate—How much the husband or the wife contributed towards acquisition, not a subject for inquiry—The entire community estate, when clearly ascertained to be such, being liable for the husband's debts, the court cannot institute an inquiry as to how much either the husband or the wife contributed towards its acquisition.</p> <p>5. Wife’s separate interest—Where property has been purchased partly with the separate estate of the wife and partly with means of a different character, the wife’s separate interest in such property is proportionate to the amount which her separate estate contributed towards its purchase. (Citing Love v. Robertson, 7 Tex. 6; Battle v. John, 49 Tex. 203; Braden v. Gose, 57 Tex. 37; Zorn v, Tarver, 45 Tex. 519; Claiborne v. Tanner, 18 Tex. 68.)</p>