Texas Commission of Appeals, 1880

Herschell v. Blum

Herschell v. Blum
Texas Commission of Appeals · Decided July 1, 1880
2 Posey 265

Herschell v. Blum

Opinion of the Court

Opinion.— If she had received the money by gift, devise or descent, it would have been her separate property without doubt, and she might have invested it in business without losing any exemption. But to borrow money for the purpose of engaging in business is quite a different matter. If the husband should borrow money for such a purpose it would certainly become community property. Upon what principle can the wife borrow money and make it her separate property? Rev. Stats., art. 2852. We conclude the money was community property, and the property purchased with it liable to execution for the debts of the husband.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.