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: 330
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330 CABR v. TUCKER. [Term of
and that the estate was closed before the bringing of this suit;
the plaintiff amended his pleadings, withdrew any statement to
the contrary, or asserted that the statements in the amended answer
were true, and prayed, as formerly, for a judgment on
the alleged breach of the bond; a paper sworn to by three commissioners
and filed in the Probate Court, shows a partition of
the estate which the commissioners in their report state was
made by order of the Probate Court, but there is no proof in
the record of a petition to the court for an order of partition;
neither is there an order of partition, or approval of the partition
made. The clerk of the court testifies that he made diligent
search and could not find any citation or proof of notice
to the heirs of the contemplated partition. The court therefore
did not disregard the judgment or orders of the Probate
Court, as there is no evidence before us showing any such order
or judgment. The defendant was a trustee under the will for
the minors; it provided that the court should not take any
action relative to her estate, save the probate of the will and
the filing of a bond by her executors, and the inventory and
appraisement of her estate'; it was in the power of defendant
to have saved himself harmless by requiring bond and security
from those who received the estate, to indemnify him against the
claimants of the legacy; if he has failed to do so, lie alone is to
blame. The facts sustain the verdict, and the judgment is
iR. P. CARR V. FRANCES TUCKER AND HUSBAND.
1. INCREASE OF SEPARATE PROPERTY OF THE WIFE. The word increase in
14th Section, Article 12 of the Constitution, was used in the sense given
to the word by previous decisions of the courts, and, as defined, the increase
does not include the hire of separate personal property.
8. MEASURE OF DAMAGES FOR DETENTION OF THE WIFE'S SEPARATE PROPERTY.
The wife on recovering by suit her personal property is entitled
to damages for the hire of such property while held by the defendant.
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Texas. Supreme Court. 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., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/338/: accessed June 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .