William B. Mitchell v. Margaret J. Mitchell

Summary

The Texas Supreme Court reversed and remanded the district court judgment that had awarded the widow, Margaret J. Mitchell, all of the contested Galveston land. The Court held that land purchased during the marriage with the wife's separate funds remains her separate property and cannot be defeated by the husband's will, affirmed the right of a tenant in common to sue without joining co‑tenants, clarified that peremptory challenges may be used on talesmen summoned to complete a jury, upheld the trial court's jury charge on the community‑versus‑separate property presumption, and confirmed the privilege protecting confidential marital communications.