Carney v. T. W. Marse Co.
This text of 288 S.W. 614 (Carney v. T. W. Marse Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
An-execution in favor of the appellee against T. G. Carney was levied upon a bale of cotton.' Carney’s wife filed claimant’s oath and bond. Upon trial of right of property, the issue was decided against Mrs. Carney.
Our conclusions, disposing of the two assignments presented by Mrs. Carney, are as follows:
(1) The presumption is that the cotton was community property, subject to the payment of the debts of T. G. Carney, and the burden rests upon Mrs. Carney to repel this presumption, and show that it was her separate property. The court did not err in so holding. McDuffie v. Greenway, 24 Tex. 625; Simpson v. Texas Tram. Lbr. Co. (Tex. Civ. App.) 51 S. W. 655.
' (2) The ruling upon evidence complained of in the second assignment presents no error, but, if so, it was harmless. Betterton v. Echols, 85 Tex. 212, 20 S. W. 63.
Affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
288 S.W. 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carney-v-t-w-marse-co-texapp-1926.