Tucker v. Carr

Citations

• 39 Tex. 98

Syllabus

<p>1. The mere fact that a deed er bill of sale is made to the wife alone during coverture is not even prima facie evidence of her separate interest in the property conveyed.</p> <p>2. The rule would be different if the conveyance be made to the wife of property shown to have been purchased with the separate means of the husband, the presumption then being that he intended to make a gift of the property to his wife.</p> <p>8. Neither the Constitution nor Article 1003, Paschal’s Digest, make any distinction between real and personal estate, the separate property of the wife ; and there is no other mode by which her separate property can be legally passed from her except in the manner prescribed by the statute over her separate acknowledgment.</p> <p>4. It is error in a suit by husband and wife to recover separate property of the wife, to permit the defendant to give evidence of the husband’s declarations of ownership in himself.</p>