168 S.W. 994 | Tex. App. | 1914
This is a suit by Mrs. Henry, joined by her husband pro forma, for injunction to restrain the sale under writ of execution of 16 acres of land. The petition alleged that the property was purchased with the separate funds of Mrs. Henry. The defendants answered by denial, and specially averred that the property was the community property of the plaintiffs, and subject to execution. The case was tried by the court without a jury, and judgment was entered dissolving the temporary injunction and for the defendants.
The court made the following findings of fact and conclusions of law:
"I find that plaintiffs Walter Connally Co., a private corporation, created under the laws of the state of Texas, did on the 7th day of October, 1912, recover a judgment in the county court of Smith county, Tex., against the plaintiff L. A. Henry for the sum of $231.05, together with interest and costs of court; that thereafter, on March 12, 1913, said Connally Co. caused an execution to be issued on said judgment and placed same in the hands of the defendant Joe Land, Sheriff, and that said *995 sheriff levied said execution on the 16 acres of land in controversy, and advertised the same to satisfy said judgment in favor of the said Connally Co. 1 find that the 16 acres of land in controversy were purchased on or about the 16th day of November, 1912; that at the time it was purchased title was taken in the name of the plaintiff Mrs. George Ella Henry. I find that the plaintiffs Mrs. George Ella Henry and L. A. Henry were husband and wife, having been married and living together as such husband and wife for nearly 30 years; that at the time said land was purchased the plaintiff L. A. Henry handled the transaction and paid in cash on said land the sum of $58, and assumed the payment of certain vendor's lien notes outstanding against the property, the total purchase price being about the sum of $1,000; that subsequently, about seven months prior to the time this case was tried, the plaintiff paid one of the notes and interest amounting to about $250, and that about three or four months before this case was tried the plaintiff paid another one of the notes amounting to about $250, including interest; that part of the money with which the plaintiff L. A. Henry purchased the land and paid the notes was money that his wife, George Ella Henry, made keeping boarders; that as much as $250 or $300 of the amount so paid was from funds so made by her keeping boarders. The exact amount was unknown to either Mr. or Mrs. Henry. I find that some 10 or 12 years prior to the date said land was purchased that the plaintiff had an agreement by which his wife, George Ella Henry, should keep boarders, and that the proceeds from same be her separate property. I further find that at the time the land in question was purchased, and for some years prior thereto, the plaintiff L. A. Henry was insolvent; that he had no property subject to execution, and owed money to the extent of $6,000; and that there were unsatisfied judgments against him in Smith and other counties in the state of Texas. I also find that some 2 or 3 years prior to the date the land in question was purchased the plaintiff Mrs. George Ella Henry sold an interest in a piece of land which she owned for which she received $137.50, which money was turned over by her to her husband, the plaintiff L. A. Henry. I find the 16 acres of land to be worth about $1,200.
The evidence supports the findings made by the court, and they are sustained.
The assignments complaining of the findings of fact and conclusions of law are overruled, and the judgment will be affirmed.