Arnold v. Leonard
Texas Supreme Court
273 S.W. 799 (1925)
- Written by Whitney Kamerzel , JD
Facts
St. Clair and Adele Leonard (defendants) were married. St. Clair acquired debts to Gus Schultz during the marriage. Gus Arnold (plaintiff), as administrator of Shultz’s estate, obtained a judgment against St. Clair. Arnold then tried to levy execution on the rents from Adele’s separate property, arguing that the rents were community property. The trial court held in Adele’s favor because a Texas statute made rents of a wife’s separate property also separate property and another Texas statute prohibited a husband’s creditors from reaching the rents of a wife’s separate property. Arnold appealed, arguing that these laws were unconstitutional because the Texas constitution stated that all property belonging to a wife before marriage was separate property and only property acquired during marriage through gift, devise, or descent was separate property. The Texas Court of Civil Appeals certified the question of whether the laws were unconstitutional to the Texas Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Greenwood, J.)
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