Wingo v. Rudder
| Decision Date | 09 February 1910 |
| Citation | 124 S.W. 899 |
| Parties | WINGO et al. v. RUDDER et al. |
| Court | Texas Supreme Court |
Henderson & Lockett, for appellants. W. A. Morrison and J. K. Freeman, for appellees.
This is a certified question from the Court of Civil Appeals of the Third Supreme Judicial District. A brief statement of the case and of the question is as follows:
Nancy Mitchell, the mother of the plaintiffs, then being 12 or 13 years old, in April, 1869, ran away from her father's home in Montgomery county, Ala., and was clandestinely married to one Hale Windham. They lived together two or three days, when she returned to her father's home and never lived with him again, nor is there any evidence that he ever attempted to get her to come back and to live with him. She was sent to school in La Grange, Ga., and in that state some time in 1872 she was married to Sam D. Rudder, who is one of the defendants in this suit. Sam D. and Nancy some time after their marriage went to Alabama, where they lived a few months, and then in the year 1873 or 1874 came to Milam county, Tex., where they purchased a tract of land of 76¼ acres. In 1876 Hale Windham procured a decree of divorce annulling the bonds of matrimony between himself and Nancy Windham. Nancy died September 9, 1887. During all the time Sam D. and Nancy Rudder lived together they were reputed to be husband and wife, and they believed themselves to be lawfully married. They left six children surviving them, one of whom has died since the death of his mother.
After the death of his reputed wife, Sam D. Rudder made application to the county court of Milam county for authority as survivor to administer the community estate of himself and of his deceased wife, and gave bond as required by law in the sum of $1,000, with J. F. Wingo, H. F. Inglehart, and W. J. Brewer as his sureties. Subsequently to his acquiring the right to administer the community estate of himself and of his deceased wife, to wit, on the 14th day of October, 1887, he sold the land above mentioned to W. A. Wingo for $1,000 in cash. The trial court estimated that the plaintiffs were entitled to a judgment for $458.34, with interest from the date of the sale to ...
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Fidelity Union Ins. Co. v. Hutchins
...v. Cetti, 100 Tex. 92, 93 S.W. 1000; Simons v. Ware (Tex.Civ.App.) 219 S.W. 858; Guy v. Metcalf, 83 Tex. 37, 18 S.W. 419; Wingo v. Rudder, 103 Tex. 150, 124 S.W. 899; 18 C.J. Article 3670 provides: "The survivor shall keep a fair and full account and statement of all community debts and exp......
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Hand v. Errington
...Rev. Statutes; Dickerson v. Abnenathy, 1 Posey, Unrep. Cas. 107; Miller v. Miller, 34 Tex. Civ. App. 367, 78 S. W. 1085; Wingo v. Rudder, 103 Tex. 150, 124 S. W. 899; Griffin v. McKinney, 25 Tex. Civ. App. 432, 62 S. W. 78; Williford v. Simpson, 217 S. W. 191; Booth v. Clark, 34 Tex. Civ. A......
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Alexander v. Harris
...by the sale of it. Some of those authorities are Miller v. Miller, 34 Tex. Civ. App. 367, 78 S. W. 1085, writ refused; Wingo v. Rudder, 103 Tex. 150, 124 S. W. 899; Wiess v. Goodhue, 98 Tex. 274, 83 S. W. 178. In those cases the issue involved was whether or not the statute of limitation ap......
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Cook v. Cook, 3673
...limitation begin to run against this claim as was the case in Kruse v. Sanders, Tex.Civ.App., 231 S.W.2d 747, no writ; Wingo v. Rudder, 103 Tex. 150, 124 S.W. 899, and Miller v. Miller, Tex.Civ.App., 78 S.W. 1085, writ The judgment of the trial court is affirmed. ...