The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-11-03

tNsy.
ID Provide and one which |
every citizen should feel himself re,
llgiously bound to aid, Not that any |
splendid system should be established,
or any useless, hlgh.salnried depart
ment sustained, but that the children
Of the poor as well as the rich should
be furnished with the advantages
which good common school educa'
ton will confer that the people may
be enlightened, public morals promo
ted, aud the blessings of n free
and liberal government perpetuated
+" Philip Lindsey, Dallas lawyer,
will soon issue book written by him,
entitled The MARITAL LAW or TEX
AS 1t will DO u work Of interest ana
one that has long been needed IN
TeXas.p
The immense tide Of immigration
that Is constantly flowing into Texas,
makes it important that the peculiar
laws Of property, the rights of husband
and wife, the laws Of descent and dis
tribution, and the homestead and other
exemptions should be prominently
placed before the public in n simple
and accessible form, that the same
may become widely known, and those
seeking homes coming from what is
known as the common law States of
the Union, should make no mistakes.
IL should be well understood in regard
to real estate in particular, that the
separate property of both husband and
wife, remains their separate property
notwithstanding the marital relation,
and that the purchaser will fail to get
u good title to the property of the wife
unless she joins in the deed. The inn
migrant should also take care in pur-
chasing the homestead that he take
the joint deed of both husband and
wife. He should be informed that all
property acquired by either husbands
or wives by gift, devise or descent, or
purchased by their separate means, be-
longs to them as of their own right,
and that all property acquired by them
in any other way during their married
relations, belongs to them jointly and
may be disposed of by the husband
without the signature of the wife. He
should be informed that, at the death
of either husband or wife, one
half of this joint or community
property descends to the children,
and he should TAKE care to purchase NJ
property thus situated, from the sur.
vivlng spouse, where there are chill.
dren, without getting their signatures
to the deed, If of age, or procuring n ii
tie to their half through the courts, !
the children are minors. The immi
grant should know that the surviving
husband or wife can not sell the inter
est of the children unless such survivor
has complied with the laws enabling
them so to do, which laws are plaii
when understood, which information
any respectable lawyer can give to TIL,
immigrant Purchases are often mad
of surviving husbands, and full prices
given for the property, when, in fact
the purchaser only acquires by his pur
chase an undivided half of the prop
erly, the children holding the othei
half by virtue of their Inheritance
And in reference to the homestead i
should be widely known that two hun
dred acres in the country and lot o.
lots in towns or cities worth five thou
sand dollars, if occupied as Il home
stead, can never be taken from tn,
family by execution or other forced
sale--that neither the husband or wifi,
can sell the homestead by their sepa
rate deeds-and that II the Homestead
Is community property it may, at TIL,
death of either, be disposed of 10y tn,
survivor ms any other community es
tate-that is by complying with tn,
: laws regulating the sale of communit,
property by surviving husbands ant
wives.
These are important matters for al
Immigrants who come to purchase
lands, to inquire into, and they woulc
always do well to consult u reliable at
torney before making the purchase
We trust that the forthcoming book
of Mr.. Lindsey will thoroughly ven
tilate this subject and place it befor,
the public in simple and compre
hensive form.
|