Lindemood v. Evans, 11210.
| Citation | 166 S.W.2d 774 |
| Decision Date | 18 November 1942 |
| Docket Number | No. 11210.,11210. |
| Parties | LINDEMOOD et al. v. EVANS. |
| Court | Court of Appeals of Texas |
Appeal from District Court, Aransas County; W. G. Gayle, Judge.
Suit in trespass to try title by Frances C. Lindemood and husband against Mark Evans, Jr., to recover an undivided one-half interest in certain realty. From a judgment for defendant, the plaintiffs appeal.
Reversed and remanded.
James S. Gregg, of Aransas Pass, and Baker, Botts, Andrews & Wharton and Radford Byerly, all of Houston, for appellants.
F. M. Bransford, of Fort Worth, for appellee.
Frances C. Lindemood brought this suit against Mark Evans, Jr., seeking to recover by trespass to try title an undivided one-half interest in Farm Lot No. 16, in Block 217, Burton and Danforth Subdivision, adjoining the town of Aransas Pass, in Aransas County, Texas, and Lot No. 3, in Block 243, situated in the town of Aransas Pass, in San Patricio County, Texas.
The cause was submitted to a jury upon one special issue, to-wit: "Do you find from a preponderance of the evidence that the Defendant, Mark Evans, Jr., paid for the property in question entirely our of his own separate funds?" To which the jury answered "Yes."
Accordingly, judgment was rendered against Frances C. Lindemood and she has appealed.
Mark Evans, Jr., and Mrs. Anna L. Craddock were married on June 22, 1908, and lived together as man and wife until the death of Mrs. Anna L. Craddock Evans. The property in question was purchased and paid for during the existence of this marriage and will be presumed to be the community property of such husband and wife, unless shown to be otherwise by clear, satisfactory and convincing evidence. As was said in Chapman v. Allen, 15 Tex. 278, 283:
The evidence that the two lots in suit were purchased with money belonging to the separate estate of Mark Evans, Jr., is not clear, satisfactory and convincing, and the presumption of community must therefore prevail. Mayor v. Breeding, Tex.Civ.App., 24 S.W.2d 542; Schwethelm v. Schwethelm, Tex.Civ.App., 1 S. W.2d 911; Davis v. Duncan, Tex.Civ.App., 102 S.W.2d 287.
On January 29, 1909, Mark Evans, Jr., sold certain property to one C. T. Vivian and received...
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Duncan v. United States, 16310.
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