Petrus v. Cage Bros.

SMITH, Chief Justice.

J. F. Petrus and others, children and heirs at law of Ferdinand Petrus, deceased, brought this suit against Cage Brothers, individually and as partners, to recover the value of caliche admittedly taken by mining operations from the 118-acre homestead of the plaintiffs’ parents in Bee County, which is still occupied as a homestead by their mother, the survivor in community of their father, who died intestate. In a trial before the court without a jury, judgment was rendered that J. F. Petrus and his co-plaintiffs recover nothing, and they have appealed. There is no…