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: 338
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338 CGAR V, TUPKEi . [Term of
Opinion of the Court,
erty, such as that for which the suit is brought, devolves upon
him, and is a charge upon the community. But when it is
taken by a wrong-doer from the control of the husband, and
the wife is deprived of its entire use and enjoyment, it would
seem but reasonable that she should be compensated for its
The statute regulating sequestrations makes it a condition
upon which the defendant may replevy the property sequestrated,
if movable, that he will give bond conditioned, in part,
that he will have the property, with the value of the hire,
fruits, and revenue therof, forthcoming, to abide the decision
of the court, or that he will pay the value thereof, and of the
hire, fruits and revenue, in case the suit is decided against him.
This statute, we think, gives the owner of the property the
right to recover its hire, fruits and revenue, as incident to the
property, as plainly and evidently as it does the property itself,
or its value.
If the suit is brought by a married woman for her separate
property, the statute gives her the amount adjudged for hire
during the pendency of the suit, as fully and completely as does
the Constitution secure to her the property or its value. The
judgment is an entirety, and the entire recovery vests in her as
her separate property by force of the statute, free from the demands
of the defendant, or any one else, against the husband.
If this was not so, and the defendant could offset the value of
the hire by a demand against the husband, as he may elect
whether he will restore the property or pay its value,-if he
could keep the case in court, until by use the property should
become almost valueless, he might by its wrongful detention, in
effect, appropriate the corpus of the wife's personal property
to the payment of the husband's debt.
The judgment is reversed, and the cause remanded.
Reversed and remanded.
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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/m1/346/: accessed May 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .