Spray v. Wright

Opinion by

Judge Hines:

The petition sets up no claim of title in appellant to the property in controversy, except the claim of homestead as the wife of A. Spray. She alleges that “her husband, A. Spray, is now and was at and before said suit was brought, and ever since has been, a bona fide housekeeper with a family, and this plaintiff has occupied said premises as a place of residence with her said husband.” To this there is a denial that appellant was a housekeeper, but no specific denial that A. Spray was a housekeeper. Without proof and on the face of the pleadings the court dissolved the…