Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Galveston term, 1884, and embracing the greater part of the Austin term, 1884. Volume 61. Page: 255
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1884-. JEnIGENS V. SCHIELE. 255
Statement of the case.
FREDERIC K. JERGENS V. RICHARD SCHIELE.
(Case No. 1805.)
1. JUDGMENT.- A judgment against the husband alone, touching community
property, is conclusive as to the title to the property upon both husband and
wife. Nor is the wife a necessary party to any suit in which the homestead
is not available as a defense, merely on account of the fact that the family
home is established on the property, unless she has a defense growing out
of her homestead rights which would defeat the action, in which event she
is a necessary party.
2. HOMESTEAD -PARTITION.- Under the probate law of 1848 the homestead
was subject to partition after the death of the husband, the wife surviving,
when the estate was solvent.
3. JUDGMENT - EVIDENCE.- When the judgment of a court of competent jurisdiction
has determined the relative interests of the parties to a suit, involving
the title to land, such judgment is conclusive in a subsequent proceeding
between the same parties for partition, as to the amount of their respective
interests. The fact that the wife, claiming homestead rights in community
property affected by the judgment, was not made a party to the former
suit, to which her husband was a party (she having no homestead rights
that could have defeated the action), constitutes no reason why the former
judgment should not be used in evidence in proceedings for partition.
APPEAL from Harris. Tried below before the Hon. James Masterson.This was a suit by the appellee for partition of three acres of land
situate in the city of Houston, and of which the appellee claimed
three-eighths, and he alleged the appellants owned five-eighths.
The defendants answered by general denial, and that the premises
were originally agreed to be purchased by one Charles Schiele,
father of plaintiff, from one John F. Crawford, who executed to
Charles Schiele two deeds for the land: one dated on the 22d day
of April, 1854, for one acre, and one executed 27th day ~of November,
1854, for two acres; that Charles Schiele never paid any of the
purchase money for which a lien was retained in the deeds; that
Charles Schiele had as his wife Fredericka Schiele, and the issue-of
their marriage was the plaintiff; that Charles Schiele died in the
month of December, 1854, leaving his wife Fredericka and the plaintiff,
then an infant, surviving him; that in 1856 the defendant Frederick
Jergens intermarried with said Fredericka Schiele, at which
time there was no improvement on the land, save a small house;
that the purchase money due Crawford was unpaid; that the lien
therefor subsisted, and the same was due; that Frederick Jergens,
after his intermarriage with Fredericka Schiele, about the 31st day
of January, 1856, paid the purchase money to Crawford. That the
superior title was in Crawford until the purchase money was paid,
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Galveston term, 1884, and embracing the greater part of the Austin term, 1884. Volume 61., book, 1903; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28513/m1/271/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .