Cordier v. Cage
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Fredericka and Albert Cordier sued R. K. Cage for a part of a tract of 61-| acres of land bought by Frederick Stahl, the father of Fredericka, claimed to have been community property and the homestead of the parents of plaintiff. The defendant, Cage, claimed the land by purchase from Mary Stahl, the widow surviving, and who had filed an inventory of the community property.
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Appeal from Harris. Tried below before the Hon. James Masterson. Fredericka and Albert Cordier sued R. K. Cage for a part of a tract of 61-| acres of land bought by Frederick Stahl, the father of Fredericka, claimed to have been community property and the homestead of the parents of plaintiff. The defendant, Cage, claimed the land by purchase from Mary Stahl, the widow surviving, and who had filed an inventory of the community property. The questions presented by the appeal are as to the ability of the widow to sell the homestead and as to the effect of irregularities in proceedings under the…
1Opinion of the Court
Ireland, Associate Justice.
The widow of Stahl returned an inventory and appraisement of the community property in 1859, which she swore to, appraising the property in controversy at $350.
*534It is objected by appellant that there should have been appraisers appointed to make the appraisement, as in ordinary administrations, and it is true that this would have been the better course. The law, (Paschal’s Dig., art. 4648,) being the amendatory marital-rights act of 26th August, 1856, does not say who shall appraise, or how the appraisers shall be appointed, or whether they shall be appointed at all.…
2Cases cited1 opinion
- Kirkland v. LittleTexas Supreme Court · 1874
3Cited by21 opinions
- Ashe v. YungstTexas Supreme Court · 1886
- Morse v. NibbsCourt of Appeals of Texas · 1912
- Brunson v. Yount-Lee Oil Co.Texas Supreme Court · 1933
- Tholl v. SpeerCourt of Appeals of Texas · 1921
- Tilley v. KangergaCourt of Appeals of Texas · 1935
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