Dixon v. Sanderson
Texas Supreme Court
10 S.W. 535 (1888)
- Written by Whitney Kamerzel , JD
Facts
Mrs. Dixon (plaintiff) and Mr. Dixon were married. During the marriage, Mrs. Dixon used $1 of her separate property to purchase a lottery ticket and won $15,000. Before the lottery ticket was purchased, Mr. Dixon agreed that any winnings would constitute Mrs. Dixon’s separate property. Mrs. Dixon’s winnings were placed in a separate bank account belonging only to her and were subsequently used to build a house on several lots of land. Before the lots were purchased, Mr. Dixon had sufficient separate property to pay all his debts. After the home was built, however, Mr. Dixon’s creditor (defendant) obtained a judgment against Mr. Dixon and tried to execute the judgment against Mrs. Dixon’s house and the lots. Mrs. Dixon sued the creditor to enjoin the sale of the property, and the trial court held in favor of the creditor. Mrs. Dixon appealed.
Rule of Law
Issue
Holding and Reasoning (Stayton, J.)
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