Herschell v. Blum

Texas Commission of Appeals

Herschell v. Blum

2 Posey 265

CourtTexas Commission of Appeals

DecidedJuly 1, 1880

DocketNo. 4907

StatusPublished

This text of 2 Posey 265 (Herschell v. Blum) is published on Counsel Stack Legal Research, covering Texas Commission of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Herschell v. Blum, 2 Posey 265 (Tex. Super. Ct. 1880).

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Opinion

Opinion.— If she had received the money by gift, devise or descent, it would have been her separate property without doubt, and she might have invested it in business without losing any exemption. But to borrow money for the purpose of engaging in business is quite a different matter. If the husband should borrow money for such a purpose it would certainly become community property. Upon what principle can the wife borrow money and make it her separate property? Rev. Stats., art. 2852. We conclude the money was community property, and the property purchased with it liable to execution for the debts of the husband.

Affirmed.

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Opinion.— If she had received the money by gift, devise or descent, it would have been her separate property without doubt, and she might have invested it in business without losing any exemption. But to borrow money for the purpose of engaging in business is quite a different matter. If the husband should borrow money for such a purpose it would certainly become community property. Upon what principle can the wife borrow money and make it her separate property? Rev. Stats., art. 2852. We conclude the money was community property, and the property purchased with it liable to execution for the debts of the husband.

Affirmed.

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Bluebook (online)

2 Posey 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herschell-v-blum-texcommnapp-1880.