Stephenson v. Chappell

<p>1. ¡Practice on Appeal — Appearance by Counsel — Waiver of Service of</p> <p>Citation in Error.</p> <p>Where counsel for defendants in error, by written endorsement on the brief filed by plaintiffs in error, waive the filing of such briefs in the trial court, this is an appearance in the appellate court such as precludes defendants in error from insisting on a motion to dismiss the appeal because the citation in error had not been served upon some of them prior to the return day thereof.</p> <p>2. Community Estate — Authority of Guardian.</p> <p>A guardian of minors has not the authority, without an order of court, to release to the survivor of a community estate, consisting of realty and personalty, the interest which his wards have therein as heirs.</p> <p>3. Same — Presumption—Deed to Either Spouse.</p> <p>Property conveyed by deed to either spouse during marriage is presumed to be community property, and the rule is not changed by the fact that the parties had recently removed to Texas when the deed was made.</p> <p>4. Same — Value Estimated at What Date.</p> <p>Where heirs sue to recover their interest in community personal property which has been withheld they are entitled to recover on the basis of its value at the time of trial.</p> <p>5. Same — Improvements and Taxes.</p> <p>In an action by heirs to recover their interests in community property which has been withheld by the father as survivor in community, the defendants were not entitled to credit for improvements and taxes during the time it was withheld, where it appeared that payment for these was made with community funds.</p> <p>6. Special Verdict — Issue Omitted.</p> <p>Where a special verdict fails to find all the facts put in issue by the pleading, it is insufficient, although the evidence shows the existence of the facts not found beyond controversy.</p> <p>7. Evidence — Immaterial Objection.</p> <p>An objection that the testimony of a guardian showed that she had received different amounts on claims due her ward from those shown by her receipts, should not be sustained, where it appears that the amounts shown by the receipts were taken as correct.</p> <p>8. Practice on Appeal — Costs of Transcript — Superfluous Matter.</p> <p>Where the transcript on appeal embraces a large amount of superfluous matter, the costs thereof will, upon motion, he taxed against the appellant.</p>