Green v. Ferguson

Citations

• 62 Tex. 525
• 1884 Tex. LEXIS 284

Syllabus

<p>1. Married woman — Marital relations.—It would seem that a married woman cannot, even with the consent of her husband, invest her separate funds in a mercantile business and thereby become entitled to the profits arising therefrom as part of her separate estate. Wallace v. Finberg, 46 Tex., 44; Cox v. Miller, 54 Tex., 25, cited and commented on.</p> <p>2. Husband and wife.—The husband and wife cannot dissolve the quasi partnership which the law creates for them in reference to property, pending the marital relation.</p> <p>3. Conveyance by husband to wife.— While the husband may convey property to his wife to reimburse her for appropriating her separate estate either to himself or for community purposes, or may make to her a gift of his interest in the community property, yet he cannot make a conveyance to his wife of his community interest, which is subject to the payment of community debts, so as to withdraw it from the reach of creditors. The gift passes to her his community interest, but he cannot so contract that the future gains and profits thereof shall he exempt from the payment of community debts existing or which may be afterwards contracted.</p> <p>4. Marital rights — Assignment—The wife cannot make an assignment which will convey the community property of herself and husband. R. S., 2582.</p> <p>5. Same.— Even if a married woman could, under the statute, make a valid assignment of her separate property, yet if, in attempting to do this, she should fail to convey all the property in which she had an interest which was subject to the -payment of community debts, it would be void as to community creditors.</p> <p>6. Same.— The question as to whether a married woman can, under the act of March 24, 1879, make a valid assignment of her separate property, not decided ; but held that where an assignee of the wife claimed, as against an attaching creditor of the husband, a stock of goods, by virtue of an assignment thereof by the wife, the petition should aver