Wilson v. Wilson
| Decision Date | 30 April 1947 |
| Docket Number | No. A-1156.,A-1156. |
| Citation | 201 S.W.2d 226 |
| Parties | WILSON v. WILSON. |
| Court | Texas Supreme Court |
Paul T. McMahon, of Dallas, for petitioner.
W. J. Durham, of Dallas, for respondent.
This suit was filed by Sterling Wilson seeking a declaratory judgment for the purpose of establishing his interest by inheritance to real estate situated in Dallas County. The suit was against his stepmother. The title to the property was obtained during the marriage of Sterling Wilson's deceased father, Grant Wilson, and Ella Wilson. The cause was tried by the court without the aid of a jury. The controlling issue made by the pleadings and evidence was whether the property was community property of Ella Wilson and Grant Wilson, deceased, or the separate property of Ella Wilson.
Ella Wilson offered evidence tending to show that the property was purchased with funds belonging to her separate estate, and that the title to the property was so held by her, although it was obtained during her marriage with Grant Wilson, deceased. The trial court decided the issues in favor of Ella Wilson.
Sterling Wilson appealed to the Dallas Court of Civil Appeals. The Dallas Court concluded that the evidence which Ella Wilson offered for the purpose of rebutting the presumption of community property was not clear, satisfactory and convincing with respect to some of the property. The Court affirmed a part of the judgment of the trial court, reversed a part of the judgment and rendered judgment fixing the respective interests of Ella Wilson and Sterling Wilson in and to the property as follows: title to all of Lots 9, 10, 12 and 15 in Block P/2606 in * * * Ella Wilson as her separate estate, and an undivided interest in Lots 13 and 14 in Block P/2606 in proportion as $288.61 bears to $407.21, or fractionally $288.61 over $407.21; and to an undivided one-half of Lots 17 and 18 in Block N/2604 and 21 and 22 in Block O/2605. Sterling Wilson was vested with title to an undivided interest in and to Lots 13 and 14 in Block P/2606, in proportion as $118.60 bears to $407.21, or fractionally $118.60 over $407.21, and to undivided one-half interest in Lots 17 and 18 in Block N/2604 and Lots 21 and 22 in Block O/2605. Wilson v. Wilson, 200 S. W.2d 258.
Since Sterling Wilson did not apply for a writ of...
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