Hilderbrand v. Lumbroff, 12874.
| Decision Date | 06 April 1940 |
| Docket Number | No. 12874.,12874. |
| Citation | 140 S.W.2d 317 |
| Parties | HILDERBRAND v. LUMBROFF. |
| Court | Texas Court of Appeals |
Appeal from District Court, Dallas County; John A. Rawlins, Judge.
Action by Barbara Lumbroff against E. A. Hilderbrand, administrator of the estate of Pete Lumbroff, deceased, for the allowance of a claim against the estate of Pete Lumbroff, deceased, and to have a lien foreclosed as an approved and matured, secured claim. From a judgment in favor of the plaintiff, the defendant appeals.
Judgment affirmed.
W. P. Longcope and W. F. Bane, both of Dallas, for appellant.
George T. Burgess, of Dallas, for appellee.
On March 24, 1933, Pete Lumbroff executed and delivered to his wife, Barbara Lumbroff, a promissory note, payable to her order, in the sum of $1,184, with interest and attorney's fees. The note recites: "This note, to the extent of the amount herein mentioned, represents money this day borrowed by Maker from the said Barbara Lumbroff and, to secure the credit thus extended, I have this day, by my certain deed of trust, conveyed to Mrs. Joseph McElroy, Trustee, the following lot or parcel of land: * * *" (here describes the land). The deed of trust mentioned in the note, in form customarily employed in such transactions, was executed in accordance with the reading of the note. Pete Lumbroff died and, in due time, E. A. Hilderbrand was appointed administrator of his estate, and, thereafter, the note and claim against the estate arising thereunder were properly verified and presented to the administrator for allowance, and the deed of trust lien established on lands mentioned in the note and deed of trust. The administrator returned the note and claim with his disapproval and disallowance duly noted thereon, resulting in plaintiff's bringing this suit. On trial before the court, judgment was entered, establishing the indebtedness as a valid and subsisting claim against the estate of Pete Lumbroff, and secured by deed of trust lien upon the real estate described, classified and directed to be paid, and the lien foreclosed as an approved and matured secured claim of the third class, payable in due course of administration.
While, ordinarily, property acquired by either husband or wife during marriage, except that which is the separate property of either one or the other, in the absence of pleadings and proof to the contrary, is deemed community property, and the legal presumption...
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Siewert v. Comm'r of Internal Revenue
...to come from petitioner's income or property outside the community. Cf. Edwards v. Commissioner, supra at 69; Hilderbrand v. Lumbroff, 140 S.W.2d 317, 318 (Tex. Civ. App. 1940). As to the cash in the amount of $100,000 paid to Helen at the settlement, it was obtained by petitioner by giving......