Smith v. Stegall

WILSON, Justice.

This is a trespass to try title action. Appellant husband executed a deed to the land February 20, 1954, in which his wife did not join. Appellee filed this suit, alleging he subsequently acquired title by deed from the husband’s grantee. Appellants defended on the ground the land was their homestead on the date of the husband’s deed, and continually thereafter. They alleged a temporary removal to the home of husband’s parents, denying this was an abandonment. Appellee countered with a plea of abandonment. Judgment was rendered for appellee on a jury verdict.

The first special…