Court of Civil Appeals of Texas, 1883

Charles Heidenheimer & Co. v. Felker

Charles Heidenheimer & Co. v. Felker
Court of Civil Appeals of Texas · Decided June 2, 1883 · White
1 White & W. 153

Charles Heidenheimer & Co. v. Felker

Opinion of the Court

Opinion by

White, P. J.

§ 361. Community property. All property acquired by either husband or wife during marriage, except that which is acquired by gift, devise or descent, shall be the common property of husband and wife, and during coverture may be disposed of by the husband only. [Rev. Stats, art. 2852.]

§ 362. Mercantile business carried on by husband and wife. The community property of husband and wife shall be liable for their debts contracted during marriage, except in such cases as are specially excepted by law. [Rev. Stats, art. 2859.] Profits arising from a mercantile business carried on by the husband or wife during the marriage are community property. [Braden v. Gose, 57 Tex. 37.]

Reversed and remanded.

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