Stanley Matthews

“ Rep. 613. And while it appears to be well established law in Texas that property purchased during the marriage, whether the conveyance be to the husband or wife, is prima facie community property, (Higgins v. Johnson, 20 Tex. 389,) that rule only holds where the purchase is made with community funds, and this presumption may be rebutted by proof that the purchase was intended for the wife, (Dunham v. Chatham, 21 Tex. 244.) As in this case the consideration was nominal only, and the deed made to the wife, the presumption is that it was intended to vest the title in her as separate property. ”

“ Eliza M. O'Brien, since deceased, with Philip O'Brien, her husband, and William Brady, citizens of New York, commenced their action in the circuit court of the United States for the Northern district of Texas, against Edward G. Hanrick, a citizen of Texas. It was an action of trespass to try the title to real estate in the county of Falls, in that state, described generally as three tracts,-one known as the 'Antanacio de Le Serda' 11-league grant ”

“ The supreme court of Texas thereupon proceeded to consider the further question whether, if a title did so descend and vest in such alien heirs, they can, being still aliens and subjects of Great Britain, maintain a suit for the recovery of their interests after nine years have elapsed since descent was cast in 1865. ”

“ In equity, where interventions pro interesse suo have been permitted to those affected by the proceeding, but not parties to the original controversy, or where the original parties have distinct and separable interests, the same general rule as to appeals applies to joint decrees ”

“ It is to be read as if it were based upon a finding that the plaintiffs recover as against the defendant for the title asserted against him, and against the intervenors in respect to the title asserted by them against the plaintiffs. The judgment for costs is in fact separated ”

“ This act was in force in 1865, when Edward Hanrick died. At that time the common law was in force in England, whereby, as was held by this court in Orr v. Hodgson, 4 Wheat. 453, an alien might take an estate by the act of the parties, as by purchase, but could not take by the act of t e law, as by descent, for want of inheritable blood. ”