Blessing v. Edmonson
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. This suit was brought by Emeline D. Taylor (formerly Emeline 1). Sterne, formerly wife of Christopher H. Sterne, deceased) and her children to recover a lot of ground in the city of Galveston.
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. This suit was brought by Emeline D. Taylor (formerly Emeline 1). Sterne, formerly wife of Christopher H. Sterne, deceased) and her children to recover a lot of ground in the city of Galveston. The character of the suit as originally brought, is set forth in the opinion of Judge Gould, in 42 Texas, pages 597-599. This case came to this court at the Galveston Term of 1875, on appeal by Edmonson, and was reversed for errors of law in the court below. It was retried in the District Court, with verdict and judgment for Edmonson,…
1Opinion of the Court
Gould, Associate Justice.
When this case was formerly before this court, (42 Tex., 596,) it was held, that it appeared, from the recitals in the deed from Sterne and wife to Chiles, that their intention was to divest the property of its home*338stead character, and that the legal effect of that instrument was an abandonment of the homestead. It was further held, that it was a question of fact whether, after this abandonment, the premises again became the homestead of Sterne; and that the fact that Sterne remained on the place after the conveyance did not, as matter of law, undo what had just been…
2Cases cited1 opinion
- Edmonson v. BlessingTexas Supreme Court · 1874
3Cited by3 opinions
- Crockett v. TempletonTexas Supreme Court · 1885
- Jones v. LanningCourt of Appeals of Texas · 1918
- Ellerd v. DollarCourt of Appeals of Texas · 1924