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

Ocie Speer

Lawyers co-operative publishing Company, 1916 - Počet stran: 1051

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CHAPTER	xxx

CHAPTER	xxxv

CHAPTER	xxxvii

Of marriage in general	1

Legal definitions	2

A status or relation	3

The contract	4

Persons who may marry	5

Same effect of failure to register schedule	346

Same muniments of title	347

What constitutes generally	348

Construction cases generally	349

Property acquired after marriage by gift	350

Same as to the property intended	351

Same as to estate conveyed	352

Same her personal earnings	353

Persons who may not marry	6

Slaves	7

Contractual	9

Consent of parents or guardians	10

Licenses	11

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 prosecutions	16

Presumptions	17

Burden of proof	18

Void and voidable	22

Fraud and duress	23

Curative statutes	24

Effects of invalid marriage	25

Infants statute	26

SEPARATE PROPERTY	27

Wife takes surname of husband 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 CHAPTER III	52

MARRIAGE CONTRACTS AND SETTLEMENTS 42 Scope of chapter 43 Statutes 44 Further of record of contract and notice 45 Requisites and ...	56

Biblical	64

Husband and wife natural rights	65

At common	66

Spanish law of marital rights	67

Constitutional provisions and statutes	68

Policy of our laws	69

CHAPTER IV	70

Husband must support the wife	71

Actions in general	72

Wifes domicil	73

When the husband has abandoned the wife or is insane	74

Damages	81

Conflict of laws CHAPTER II	84

Enticing and alienating	93

Wifes right of action	94

CHAPTER VI	101

Transactions between parent and the child advancements	111

Statutes in aid of parental custody and control	112

Stepchildren and grandchildren	115

Adoption and foster children	116

Children of null marriages bastards	118

Disinherison of children	119

CHAPTER VII	121

Wifes deed to her husband	126

Husband or wife as creditor of the other	127

Criminal conversation 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

debt	140

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

Same necessaries	153

Where husband and wife live apart	154

Husbands interest in wifes property is an insurable	155

CHAPTER IX	156

Concerning the separate property	157

116 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

May release her cause of action	165

Husband or wife as trustee for the other	166

Husband or wifes conveyance to trustee for the other	167

Agreements to arbitrate	168

May employ counsel	169

For acquisition of land	170

Creditors	171

Agreements to arbitrate	172

Her right to rescind recovery back	173

Separation deeds	174

Her contracts of insurance	175

CHAPTER X	176

Her warranty	177

Of suretyship	178

Same her mortgage	179

Further of fraud her remedy	180

As stockholder in certain corporations	181

Concerning her separate property	182

Ratification and waiver of fraud	183

Gifts and gifts inter vivos	184

CHAPTER XI	185

Same wifes power of attorney 140 Antenuptial choses in action	186

Ad valorem and other taxes	187

Reformation of contracts	188

Federal income taxes	189

Public service 144 Bankruptcy	192

Revision of 1879 present statute	193

CHAPTER XII	194

She may convey to any	195

The deed its form	196

Joinder of the husband	197

At common law 146 Prior to act of 1840 adopting common law 147 Statutes their scope and object act 1848	199

With her husband	200

Same further of the community property	201

Same undue influence	202

May bind herself when	203

The privy examination	204

Certificate of officer	205

Same seal	206

Defective certificate correction	207

Who authorized to take acknowledgment	208

Defective deeds rights under	209

Same as a basis for limitations	210

Curative statutes	211

Same reforming instrument	212

Avoiding conveyance	213

Same for fraud and duress	214

Subjects of her conveyance separate property	215

Same community property	216

Same the homestead	217

Same personal property	218

Same expectancies	219

Wife signing deed to which she is not a party grantor	220

Special instruments her power of attorney	221

Same contracts to sell and title bonds	222

Same further of the homestead	223

Same her mortgage	224

Same mechanics and other liens for improvements	225

Same leases	226

Same checks	227

Same bills of sale and assignments	228

Same transfer of stocks and bonds	229

Same gifts inter vivos and causa mortis	230

Estate conveyed after acquired title	231

Generally	238

CHAPTER XIII	239

Same fraud	240

Same illustrations	241

By silence delay or laches	242

Accepting benefits	243

By pleading application to court to sell	244

Further of her declarations and admissions	245

Acts and declarations of her husband	246

Same concerning the community property	247

By her deed	248

Same afteracquired title	249

COMMUNITY ADMINISTRATION	253

Crimes by married women	267

Husbands torts against the wife	268

Act of March 21 1913 present statute	295

Nature of wifes interest	296

Construction of her conveyances	297

Lost instruments proof to supply	298

Record of her invalid conveyance 236 As trustee or agent	299

What law governs	300

By accepting deed 251 By election	301

Same the right to control	302

Living apart	303

Defenses	304

Presumptions	305

Same deed taken in wifes name	306

Same comment	307

Same how rebutted burden of proof	308

Same quantum of proof cases	309

Property constituting	310

Increase of community property	311

Increase of separate property	312

Her personal earnings	313

314 Earnings of husband and children	314

Crops grown upon her land	315

Rents and hire of her separate property	316

Minerals timber soil etc taken from her land	317

Improvements	318

Profits from investments	319

By acts of survivor administratrix	320

By judgment	321

Damages to property	322

CHAPTER XV	323

Penalties under the statute	324

Insurance policies	325

Property acquired by limitations	326

Colonial grants to families	327

Purchases with borrowed money	328

Bounty warrants and land certificates	329

Profits	330

Damages to her business 262 Her true relation to the attempted business	331

Presumptions and burden of proof	332

CHAPTER XVI	333

Same for individual debts contracted during marriage	334

Same further of the husbands liability 266 Her liability for the torts of others	335

Statutes desertion abandonment	339

Statutory definition	342

Husband may defend against his wifes assaults	343

CHAPTER XVIL WILLS 271 At common law 272 Statutes 273 Same posthumous children 274 Property that may be willed	344

Registration statutes	345

Property acquired after marriage by devise or descent	354

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

Interest rents damages etc when paid by her husband	360

CHAPTER XVIII	361

Rents hire etc under special circumstances	362

Proceeds of insurance policies when	363

Proceeds of land adjudged by court for her support	364

Alimony pending divorce	365

Same support and maintenance of ward	366

Changes and mutations	367

CHAPTER XIX	368

Purchases with proceeds of separate property	369

Generally definitions	380

COMMON LAW AND PUTATIVE MARRIAGES	381

In contemplation of marriage	382

Express trusts	383

Resulting trusts	384

Same notice by recitals in deed	385

Same evidence of parol	386

Same quantum of proof required	387

Constitutional provisions	388

Statutes their scope and object	389

The wife and family protected	390

Nature of wifes interest	391

What is homestead residence	392

Same business homestead	393

Dedication	394

Intention	395

In separate tracts or lots	396

In larger tract	397

Whether rural or urban	398

Limitations as to quantity or value	399

The estate to support	400

Things affixed to the realty	401

Purchases on credit	402

The right to select	403

Designating homestead statutes	404

Sale generally	405

Same by husband	406

Same by the wife	407

Same for roads streets	408

Contracts to sell options	409

Leases and renting	410

Mortgages	411

Mechanics liens	412

Other liens for improvements	413

Other liens judgment liens	415

Taxes general and special	416

Boundary and partition agreements	417

Proceeds of voluntary sale exempt when	418

Accounting with a first community	421

Sales and encumbrances	422

Innocent purchasers	424

Same notice	425

Conflict of laws	426

Borrowed money 372 Presumptions and burden of proof 373 Innocent purchasers 374 Same notice 375 Liability and charges 376 Improvements	428

Limitations	459

Evidence of separate character recitals in deed	467

Same oral evidence	468

379 Conflict of laws	469

Tacking disabilities	477

Husband or wife pleading statute against the other	478

Death statute suit filed	479

Want of notice as a bar statute	480

Proceeds of insurance 420 Abandonment of homestead 421 Same in fraud of wife 422 Same evidence and instruction 423 Husband and wife livin...	481

Creditors	500

How effected	512

As it affects status of the parties	513

As it affects the estates	514

As it affects pending suits and choses in action	515

Presumptions as to property	516

CHAPTER XXXI	517

Early divorces and divorce laws	518

Present statutes	519

Jurisdiction and venue	520

Parties	521

Annulment of marriage	522

Same wife enceinte at marriage	523

Same fraud or duress	524

Cruelty excesses and outrages	525

Same affecting the mind	526

Abandonment	527

Adultery	528

Purchase money	529

Same cases	541

Parties as witnesses their statements and admissions	542

Collusion of parties their agreements	543

Right of wife individually to protect	546

Miscellaneous exemptions statute 428 Same nature of wifes interest	547

Same specific exemptions	548

CHAPTER XXIII	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 447 When husband is insane	571

Wife as a defendant	573

Nature of survivors holding	574

Same concerning the homestead	575

Husband a necessary defendant with	576

Partition of the homestead	577

Adjudication of heirship statute	578

She is not a necessary defendant when 453 Wife a party to husbands suit by fiction of	579

On appeal or error	580

CHAPTER XXV	581

Same burden of proof to show authority presumptions	582

Pleading	583

Concerning separate property of survivor	584

Equities between survivor and children	585

Statutory actions other personal injuries	586

Remarriage of survivor	587

Facts showing her liability must be pleaded	588

The court	589

Coverture as a defense	590

Other defenses generally 461 Process and appearance	591

CHAPTER XXVI	592

Same payment	593

Setting apart exempt property allowances in lieu statutes	594

Nature and extent of these rights in general	595

Same as to the homestead and allowance in lieu	596

Selecting the homestead	597

Further as to persons entitled to exemptions and allowances in lieu	598

Abandonment and partition of homestead	599

Executory contracts of deceased	600

Administration by other than survivor	601

CHAPTER XXVII	602

Administration of community property statutes	605

Nature of survivors holding	606

Paying community debts	607

Extent of coverture as a defense	608

Same pleading	609

Same separation	610

Defense of limitation personal to wife	611

Liens	612

Suits by and against survivor	613

Individual liability of survivor and suits on bond	614

Defective and irregular proceedings	615

Joint administration	616

Closing up of community administration distribution	617

Remarriage of qualified survivor	618

Rule at common law DEATH ACTIONS	619

CHAPTER XXVIII	620

Essentials to a cause of action	621

Persons liable	622

Beneficiaries in general	623

Same the wife	624

Same the husband	625

Same children	626

Same parents	627

Defenses to action	628

629 Abatement revival and survival	629

Limitations	630

Parties	631

Evidence	632

Instructions	633

Act of March 13 1848	637

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

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

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

556 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 572 Conflict of laws	743

Partition distribution and final settlement 604 Administration under will	776

Pleading and proof 633 Verdict and judgment	839

Appellate practice	875

Definitions 29 Validity in general vii	930

Presumptions 540 Quantum of proof required	936

Damages 635 Same apportionment and distribution	942

Autorská práva

Další vydání - Zobrazit všechny

A Treatise on the Law of Marital Rights in Texas: Including Marriage ...
Ocie Speer
Zobrazení fragmentů - 1929

A Treatise on the Law of Marital Rights in Texas: Including Marriage ...
Ocie Speer
Náhled není k dispozici. - 2018

Běžně se vyskytující výrazy a sousloví

9 Tex abandonment acknowledgment administration agreement alleged apply assert Asso authorized Bank binding bond cause of action child claim common law common-law marriage community estate community property consent contract convey conveyance court coverture creditors Crim damages death debts deceased declared decree deed defendant divorce effect entitled equity erty estoppel evidence execution exemption fact feme sole fraud Galveston gift heirs held homestead rights Houston husband and wife husband or wife intention interest Johnson joinder Jones judgment jury land liable lien marital married woman ment minor children Moore mortgage munity necessary notice owner parent parties person plaintiff plead Posey presumption prop proper putative marriage Railway reason recover rule S. A. R. Co separate estate separate property Smith spouse Stat statute statutory sued suit surviving survivor Taylor Texas tion trust valid Vernon's Sayles void widow wife's separate

Oblíbené pasáže

Strana 546 - 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.‎

Objevuje se u 766 knih od 1804-2008.

Strana 837 - 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...‎

Objevuje se u 493 knih od 1792-2006.

Strana 561 - ... 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...‎

Objevuje se u 298 knih od 1777-1999.

Strana 405 - 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.‎

Objevuje se u 72 knih od 1812-2004.

Strana 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.‎

Objevuje se u 871 knih od 1802-2008.

Strana 346 - 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...‎

Objevuje se u 95 knih od 1874-2005.

Strana 477 - 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...‎

Objevuje se u 117 knih od 1878-2007.

Strana 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.‎

Objevuje se u 287 knih od 1830-2008.

Strana 190 - ... owing debts to the amount of one thousand dollars or over, may be adjudged an involuntary bankrupt...‎

Objevuje se u 232 knih od 1873-2008.

Strana 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...‎

Objevuje se u 619 knih od 1798-2008.

Bibliografické údaje

Název	A Treatise on the Law of Marital Rights in Texas: Including Marriage, Divorce, Children, Community Property, Homestead, Administration and Death Actions
Autor	Ocie Speer
Vydavatel	Lawyers co-operative publishing Company, 1916
Zdroj originálu:	Newyorská veřejná knihovna
Digitalizováno	19. říjen 2006
Délka	Počet stran: 1051

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