Murphy v. Coffey

Citations

• 33 Tex. 508

Syllabus

<p>1. A suit for the recovery of community property cannot be maintained by a married woman in her own name, her husband being no party to the suit; and this notwithstanding that the property be the homestead.</p> <p>2. A married woman brought suit in her own name in the district court, alleging that her husband had sold and conveyed their homestead to the defendant, in disregard of her express wishes and protests made at the time to her husband and the defendant: and that her husband refused to institute suit to recover it; wherefore she prayed leave to prosecute the suit without joining her husband, and that the homestead be adjudged to her. He’d, that the suit carmot be maintained by the plaintiff, although, if her allegations be true, her husband might recover the homestead from his vendee; notwithstanding his conveyance.</p>