Schauer v. Schauer

BRICE, Justice.

Plaintiff (appellant here) declined to amend his complaint after the trial court sustained a demurrer thereto, holding the facts alleged were not sufficient to constitute a cause of action; following which an order of dismissal was entered. From that order this appeal is prosecuted.

It is alleged: Plaintiff is the son of Joseph Sehauer, who died February 1932, and the defendant is Joseph Schauer’s widow and stepmother of plaintiff. At the time of the death of Joseph Sehauer, he and defendant were possessed of certain community real estate known as the Texas Home.

In December…