Lumpkin v. Murrell

Citations

• 46 Tex. 51

Syllabus

<p>1. Assignment of errors.—When the assignment of errors' points out no specific error, this court will not reverse, except for errors manifest in the record, going to the foundation of the action, or because the judgment appears to have resulted from manifest error, and to be in its effects too grossly inequitable to receive the sanction and approval of a court of justice.</p> <p>2. Conversion—Trust property.—We know of no rule by which one can be held to have converted property to his own use and still hold it in trust for the owner. The owner may have the right to elect whatever he will sue for tort or bring his bill for an account, but it would be inequitable for him to do both.</p> <p>3. Community Property—Rights of survivor.—It seems that the surviving husband, who has kept control of and has managed the community property after the death of the wife, should not be charged with the wrongful conversion of such property in a suit by the heirs of the wife, such possession being lawful, and his liability being only as trustee.</p> <p>4. Community-property act.—The statute of August 26, 1857, (Paschal’s Dig., 4647-49,) seems to have been intended as á privilege and not as a limitation upon, the rights of the surviving husband. If he fails to avail himself of it. he may be held to a stricter accountability than that imposed by the statute, in the settlement with those jointly interested with him in the property.</p> <p>5. Limitation—Same.—In a suit for conversion in such case, limitation would run'from the date of such act complained of.</p> <p>6. See discussion of charges improperly allowed in a suit by the children of deceased wife against the estate of the surviving husband— rents, hire of slaves, interest, &c.</p> <p>7. Confederate money.—The court will take notice of the absence of money, other than Confederate bills or notes, during the Confederate war; and will not allow for rents, interest, hire, &c., against a trustee, without proof that they were actually