King v. Gilleland

Citations

• 60 Tex. 271
• 1883 Tex. LEXIS 318

Syllabus

<p>1. Homestead—Separate property.—While under art. XVI, sec. 52, of the constitution of 1876, the property on which the homestead is established, if paid for with the separate means of the wife, descends and vests on the death of both spouses exclusively in her children, who, after ceasing to live on the place, are entitled to its possession, freed from any homestead right asserted by a surviving widow of a second marriage with the father, yet the evidence of its having been paid for with the separate means of the wife must be clear and satisfactory.</p> <p>8. Evidence.—Whilst the evidence of such investment of separate means is not required to be so conclusive as to preclude a reasonable doubt, yet nothing must be left to conjecture; nor can presumptions be indulged which are not the usual and almost necessary deductions from the facts proved.</p> <p>8. Fact case.— See opinion for facts held not sufficient to show the acquisition of property with separate means of the wife.</p>