A Treatise on the Law of Marital Rights in Texas: Including Marriage, Divorce, Children, Community Property, Homestead, Administration and Death Actions

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Lawyers co-operative publishing Company, 1916 - 1051 sider
 

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Innhold

Slaves
7
Contractual
9
Consent of parents or guardians
10
Licenses
11
Evidence
12
Solemnization or celebration 12 Who authorized to celebrate rites
13
Indian customs and forms 14 Consummation
14
Proof of marriage
15
Proof of marriage in criminal prosecution
18
Presumptions
19
Burden of proof
21
Void and voidable
22
Fraud and duress
23
Curative statutes
24
Effects of invalid marriage
25
Infants statute
26
Wife takes surname of husband S 25 Jactitation of marriage 26 Trial
28
Property rights in general 33 Status of the parties and their children 34 The community 35 Homestead and allowances
32
Guardianship and administration
47
Descent of property
48
Death actions
49
Criminal cases
50
Decrees of nullity 41 Chapter comment
52
CHAPTER III
56
Further of record of contract and notice
57
Requisites and validity
59
Fraud
60
Construction intention
61
Execution and proof 49 Specific performance and other relief
64
Husband and wife natural rights
65
Post nuptial agreements 51 Pleading and practice
66
What law governs
67
Legal Orders of Descent Comment
68
CHAPTER IV
70
Damages 58 Defenses
81
Conflict of laws
84
Husbund as the head of the family 71 Husband must support the wife
92
His authority over her person
93
Wifes domicil
94
When the husband has abandoned the wife or is insane
95
Suffrage holding office
96
Citizenship
97
Conflict of laws generally
99
CHAPTER VI
101
Compensation for services rendered by parent or child to the other
107
Custody and control of childs property 84 Torts
108
Emancipation of the child
109
Transactions between parent and the child advancements
111
Statutes in aid of parental custody and control
112
Stepchildren and grandehildren
115
Adoption and foster children
116
Children of null marriages bastards
118
Disinherison of children
119
ENTICING ALIENATING AND CRIMINAL CONVERSATION g 92 The conjugal rights generally
121
Same subject L R A case notes
126
Defendants and defenses
127
generally
128
Same subject may the wife sue
130
May one spouse sue the other for loss of conjugal society
132
CHAPTER VIII
134
ESTOPPEL
136
To manage her separate property
139
To charge or convey her separate property
141
His liability for any conversion of her property
144
Her power of attorney to
147
How far wife is bound ratification
148
Notice to husband as notice to wife
150
His possession for
152
Where husband and wife live apart
154
Husbands interest in wifes property is an insurable
155
CHAPTER IX
156
Concerning the separate property
157
Concerning the community property
158
Husbands deed to wife presumptions delivery
159
Husbands deed to wife no consideration gift
160
Taking deed in wifes name
161
Verbal sale or gift 121 Same evidence to establish
162
Same depositing money in bank
163
Intention of parties evidence
164
Husband or wife as trustee for the other
166
Husband or wifes conveyance to trustee for the other
167
CHAPTEE X
176
Concerning her separate property
182
Federal income taxes
189
Revision of 1879 present statute
193
Same necessaries
194
Same amendment of 1913
197
Same debt must be contracted personally
204
Same what are necessaries
205
Same necessaries for husband 157 Same concerning her separate estate under statutes prior to 1913
207
Wifes contracts may bind husband when
210
Same necessaries
211
Same concerning her separate estate
213
Presumptions
215
Her estate liable when
216
May transfer her notes
217
Stocks and bonds
218
May release her cause of action 166 May make partition agreements
219
Concerning boundary lines of her property
220
Agreements to arbitrate 169 May employ counsel
221
For acquisition of land
222
Same public land
223
Her liability for unpaid purchase money
224
Her right to rescind recovery back
225
Same returning benefits
226
Her contracts of insurance
227
For sale of land
228
Her warranty
229
Of suretyship
230
Same her mortgage
231
Bonds
232
As stockholder in certain corporations
233
May dedicate property to public use 183 Fraud and deceit
234
Gifts and gifts inter vivos 185 Gifts causa mortis
235
Wifes coverture no defense to the other party her contract not void
236
Where other party is ignorant of wifes disability 188 Reformation of contracts
237
1S9 ConUict of laws
238
CHAPTER II
239
Same further of the community property
252
Same when husband has deserted
253
Same for certain corporation purposes
254
The privy examination
255
Certificate of officer
257
Same seal
260
Defective certificate correction
261
Who authorized to take acknowledgment
263
Defective deeds rights under
264
Same as a basis for limitations
265
Curative statutes
267
Same reforming instrument
268
Avoiding conveyance
269
Same for fraud and duress
271
Subjects of her conveyance separate property 216 Same community property
275
Same the homestead
278
Same personal property
280
Same expectancies 220 Wife signing deed to which she is not a party grantor
282
Special instruments her power of attorney
283
Same contracts to sell and title bonds
285
Same further of the homestead
286
Same her mortgage
289
Same mechanies and other liens for improvements 226 Same leases 227 Same checks
292
Same bills of sale and assignments
293
Same transfer of stocks and bonds
294
Same gifts inter vivos and causa mortis 231 Estate conveyed after acquired title
295
Statutes of conveyances now affect only wifes separate real estate and homestead S 233 Construction of her conveyances
297
Lost instruments proof to supply
298
Record of her invalid conveyance S 236 As trustee or agent
299
What law governs
300
Equitable estoppel 240 Same fraud
301
Same illustrations
304
By silence delay or laches
307
Accepting benefits
309
By pleading application to court to sell
311
Further of her declarations and admissions
312
Acts and declarations of her husband
313
Same concerning the community property
314
By her deed
316
Same afteracquired title
317
By accepting deed
319
By election 252 By acts of survivor administratrix
320
By judgment
321
CHAPTER XV
323
CHAPTER XXL TRUSTS
327
Purchases with borrowed money
328
Pronto 261 Damages to her business 262 Her true relation to the attempted business
331
Presumptions and burden of proof
332
CHAPTER XVI
333
Same further of the husbands liability 266 Her liability for the torts of others
335
Husbands torts against the wife
337
Statutes desertion abandonment
339
CHAPTER XVIL WILLS 271 At common law 272 Statutes 273 Same posthumous children 274 Property that may be willed
344
Construction cases generally
349
Same as to the property intended
351
Same as to estate conveyed
352
Same as to beneficiaries 279 Same as to conditions
355
Undue influence and want of mental capacity
356
Joint wills
357
Husbands will election by wife
358
Revocation
359
CHAPTER XVIII
361
Same support and maintenance of ward
366
COMMUNITY PROPERTY 5 292 Spanish civil law 293 Act of January 20 1840
368
Act of March 21 1913 present statute
371
Nature of wifes interest
372
Here agreements cannot change
374
Same nor by subsequent legislative acta 299 Her interest not alienable
375
Her title whether legal or equitable
376
Extent of her interest
377
Same the right to control
378
Living apart
380
COMMON LAW AND PUTATIVE MARRIAGES
381
Presumptions
382
Same deed taken in wifes name
383
Same comment
384
Same how rebutted burden of proof
385
Same quantum of proof cases
387
Property constituting
389
Increase of community property
392
Increase of separate property
393
Her personal earnings
394
Earnings of husband and children 315 Crops grown upon her land
396
Rents and hire of her separate property
397
Minerals timber soil etc taken from her land
398
Improvements 319 Profits from investments
399
Interest
401
Changes and mutations
413
Liability for community debts
414
Same for antenuptial debts
415
Same for individual debts contracted during marriage
416
Community entitled to reimbursement when
418
Community must reimburse when
420
Accounting with a first community
421
Sales and encumbrances
422
Innocent purchasers
424
Same notice
425
Conflict of laws
426
Married womans right to hold generally 344 The right to control 345 Registration statutes 346 Same effect of failure to register schedule
428
Same muniments of title 348 What constitutes generally
433
Property owned or claimed before marriage
434
Property acquired after marriage by gift
435
Same from her husband
436
Same of future acquisitions
439
Same her personal earnings
441
Property acquired after marriage by devise or descent
442
Increase of her lands
443
Slaves under former laws 357 Rents and profits of trust estates
446
Property acquired by limitations
448
Statutory damages when
449
Interest rents damages etc when paid by her husband 361 Damages generally
451
Rents hire etc under special circumstances
452
Proceeds of insurance policies when
453
Proceeds of land adjudged by court for her support
454
Alimony pending divorce 366 In railroads stocks trade
455
Changes and mutations
456
Property taken in discharge of debt due the wife
457
Purchases with proceeds of separate property
458
Limitations
459
Borrowed money
461
Presumptions and burden of proof
462
Innocent purchasers
464
Same notice
465
Liability and charges
466
Improvements 377 Evidence of separate character recitals in deed
467
Same oral evidence
468
Conflict of laws
469
Definitions 29 Validity in general
471
In contemplation of marriage
472
Express trusts
473
Resulting trusts
475
Same notice by recitals in deed
476
Same evidence of parol
478
Same quantum of proof required
479
CHAPTER XXII
481
Statutes their scope and object
483
The wife and family protected
484
Nature of wifes interest
485
What is homestead residence 393 Same business homestead 394 Dedication
487
Intention
489
In separate tracts or lots
493
In larger tract
497
Whether rural or urban
498
Limitations as to quantity or value
499
The estate to support
501
Tilings affixed to the realty
502
Issues rents damages royalties
503
The right to select
504
Designating homestead statutes
505
Sale generally
507
Same by husband
508
Same by the wife
513
Same for roads streets etc 409 Contracts to sell options
514
Leases and renting
516
Mortgages
517
Mechanies liens 413 Other liens for improvements
524
Purchase money
529
Creditors
544
Right of wife individually to protect
546
Miscellaneous exemptions statute 428 Same nature of wifes interest
547
Same specific exemptions
548
CHAPTER XXIIL ACTIONS GENERALLY 430 Capacity to sue and be sued 431 May appear in her own name 432 Same instances 433 Same sui...
550
CHAPTER XXIV
557
Actions concerning the community
561
Same act March 21 1913
563
Same injuries to child statute
564
Same penalties and forfeitures under the statute
566
Actions concerning the homestead
569
Actions for alienating criminal conversation etc S 447 When husband is insane
571
Wife as a defendant
573
Same concerning the homestead
575
Husband a necessary defendant with
576
She is not a necessary defendant when 453 Wife a party to husbands suit by fiction of
579
On appeal or error
580
PLEADING AND PROCESS 455 Wife must allege grounds entitling her to
581
Pleading
583
Actions by husband in behalf of wife
584
Statutory actions other personal injuries
586
Facts showing her liability must be pleaded
588
Coverture as a defense
590
Other defenses generally 461 Process and appearance
591
CHAPTER XXVI
592
Declarations of husband and wife
600
CHAPTER XXVII
602
When and in what cases the statute runs
604
Same homesteads
605
TRIAL
606
Same the community since act 1913
607
Extent of coverture as a defense
608
Same pleading
609
Same separation
610
Defense of limitation personal to wife
611
Interventions 8 483 Dismissals and nonsuits 484 Variance 485 Matters in issue 486 Evidence in general
620
Same marriage separation and dissolution
623
Same character of property trusts
624
Same personal injuries
625
Res inter alios acta
626
Declarations and admissions
627
Documentary evidence 493 Weight and sufficiency
628
Judicial notice
629
Questions of law and of fact
630
Instructions
631
Evidence
632
Instructions
633
Act of March 13 1848
637
General judgment against married woman
638
Same contrary holdings
639
Same comment
641
Erroneous judgments
643
Default judgments
644
Collateral attack
645
Judgment where she is not personally liable costs
647
When judgment against husband binds wife
648
Wifes confession of judgment
649
Execution and levy
650
Judgment in wifes favor execution
651
Vacating judgment or levy
652
DISSOLUTION OF MARRIAGE IN GENERAL 512 How effected
653
As it affects status of the parties
654
As it affects the estates
655
As it affects pending suits and choses in action
656
Presumptions as to property
657
CHAPTER XXXI
659
Early divorces and divorce laws
660
Present statutes
661
Jurisdiction and venue 521 Parties
662
Annulment of marriage
665
Same wife enceinte at marriage
666
Same fraud or duress
667
Cruelty excesses and outrages
670
Same affecting the mind
671
Abandonment
675
Adultery
677
Imprisonment for felony
678
Drunkenness insanity religious beliefs
679
Causes arising outside of state
680
Temporary orders alimony
681
Debts and alienation after suit filed
685
CHAPTER XXXII
688
Parties as witnesses their statements and admissions
699
Collusion of parties their agreements
700
Particeps criminis
701
Trial
703
Same right to a jury findings
704
Appeal and error
706
CHAPTER XXXIII
708
Remarrying statutes comment 550 Should settle property rights
709
Same community property
711
Same homestead
713
Same creditors
715
Equitable considerations
716
Devesting title to real estate
717
Custody of children
718
Same support
720
Same conclusiveness of order
722
Change of name
723
Costs and attorneys fees
724
Construction of decrees cases
725
Finality of decrees generally
726
Vacating decrees
728
Decrees of other jurisdictions and conflict of laws generally
730
Same Haddock v Haddock
731
CHAPTER XXXIV
734
The estate for life and remaindermen g 572 Conflict of laws
743
EIGHTS AND LIABILITIES OF SURVIVOR S 573 When administration unnecessary 574 Nature of survivors holding
744
Comparative rights of survivor and deceaseds administrator
747
Partition of community property
750
Partition of the homestead
752
Adjudication of heirship statute
756
Liability of survivor for debts of deceased
757
Carrying out contracts of deceased
758
Sales conveyances and encumbrances by survivor
760
Same burden of proof to show authority presumptions
763
Purchasers from survivor equities
764
Concerning separate property of survivor
767
Equities between survivor and children
768
Suits by and against the survivor
770
Remarriage of survivor
774
CHAPTER XXXVI
776
Same the order creditors
781
Same beneficiaries and time of allowance
783
Same payment 594 Setting apart exempt property allowances in lieu statutes
784
Nature and extent of these rights in general
788
Same as to the homestead and allowance in lieu
792
Selecting the homestead
797
Further as to persons entitled to exemptions and allowances in lieu 599 Abandonment and partition of homestead
801
Executory contracts of deceased
871
Administration by other than survivor 602 Payment of claims 603 Partition distribution and final settlement 604 Administration under wilL
872
Appellate practice
875
Presumptions 540 Quantum of proof required
936
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Side 548 - All courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial or delay.
Side 839 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce...
Side 563 - ... the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties, respectively, for whom and for whose benefit such action shall be brought...
Side 407 - These definitions by writers of different countries are in effect *the same, and amount to this, that insurance is a contract by which the one party in consideration of a price paid to him adequate to the risk, becomes security to the other that he shall not suffer loss, damage, or prejudice by the happening of the perils specified to certain things which may be exposed to them.
Side 84 - And the Lord God said unto the woman, What is this that thou hast done ? And the woman said, The serpent beguiled me, and I did eat.
Side 348 - On the death of the husband or wife, or both, the homestead shall descend and vest in like manner as other real property of the deceased, and shall be governed by the same laws of descent and distribution, but it shall not be partitioned among the heirs of the deceased during the life-time of the surviving husband or wife, or so long as the survivor may elect to use or occupy the same as a homestead...
Side 479 - The homestead of a family shall be, and is hereby protected from forced sale, for the payment of all debts except for the purchase money thereof, or a part of such purchase money, the taxes due thereon, or for work and mateiial used in constructing improvements thereon...
Side 88 - All property, both real and personal, of the wife, owned or claimed by her before marriage, and that acquired afterwards by gift, devise, or descent, shall be her separate property; and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property, as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife's separate property.
Side 190 - ... owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt...
Side 96 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...

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