Johnson v. Burford

Citations

• 39 Tex. 242

Syllabus

<p>1. The act of August-13, 1856, authorizing the surviving husband, upou filing an inventory of community property, to administer it, did not affect rights which had vested prior to its passage.</p> <p>2. The filing of such inventory of community property, in cases where the death occurred prior to the passage of said act, conferred no power upon the surviving husband.</p> <p>3. In a suit by an assignee of the surviving husband, it is error to give in evidence the deed to the deceased wife for the land, to trace title to common source, unless it be shown that the property was community property.</p> <p>4. The presumption is, that property acquired during coverture is community property; and that land purchased with such property, and the deed taken in the name of the wife, remains community property; but such presumption may be removed, by proving that the husband declared at the time that his intention in taking the deed in his wife’s name was to make the land her property.</p> <p>5. Property bought by the wife with her own earnings is community, unless it be shown that it was the intent of the husband to give her the proceeds of her earnings ; in which case property so purchased would be the wife’s separate property.</p>