Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 120

120 HUGHEs v. ROPER. [Tyler Term,
Statement of the case.
that he had applied to the defendant in execution for a
levy, and that owing to the cloud cast by Hughes, sen., by
his said deed to his children, the property would not sell
for much, and a greater levy was thereby a necessity to
make his money.
On the trial plaintiffs read the two deeds described in
their pleadings; an instrument of date 23d March, 1853,
signed by Reece IIughes, sen., purporting to be a schedule
of his and hlls deceased wife's community property, consisting
of slaves and other personal property; the execution
and levy; and by Reece Hughes, sen., proved that the
schedule read in evidence was prepared soon after his first
wife's death; that it included none of the real estate of
the community; gave a list of lands owned by them at
her death; that there was some cash on hand not included
in the schedule; that after her death her separate property,
the community, and his own property, was all kept
and worked together, no separate account of proceeds
having been kept; that his second marriage was on 28th
November, 1853; his second wife had a separate estate,
which was kept apart a year or two, and then, her "children"
coming of age, took much of it off'; that his first
wife's separate estate and one-half of his and her conmmunity
estate consisted of about forty hands, and fifteen or
sixteen slave children, some horses and mules, and about
fifty cattle, which, with the lands not mentioned, was
worth about $90,000; that the horses, mules, and slaves
were all used and managed by him together, many of
then worn out or dead, and some few of them were ineluded
in the transfer to his children; that he kept and
used the slaves, and many others that were purchased,
until they were emancipated; that those belonging to his
first wife and one-half of their common property was
worth about $150 per annum to the hand, or about
$16,000 a year; that the expense of keeping the fifteen or
sixteen small negroes was worth about $30 per head per