Ramey v. Allison
Texas Supreme Court
Appeal from Eastland. Tried below before the Hon. T. B. Wheeler. The statement of the case by appellants’ counsel was adopted by the commission of appeals, and is as follows: On the 25th day of May, 1882, Mrs. II. G-. Allison purchased of her brother, O. 0. Scarborough, lot Ho. 2 in block 28, in the town of Ranger, Eastland county. The lot at time of purchase had on it a dwelling and a store-house.
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Appeal from Eastland. Tried below before the Hon. T. B. Wheeler. The statement of the case by appellants’ counsel was adopted by the commission of appeals, and is as follows: On the 25th day of May, 1882, Mrs. II. G-. Allison purchased of her brother, O. 0. Scarborough, lot Ho. 2 in block 28, in the town of Ranger, Eastland county. The lot at time of purchase had on it a dwelling and a store-house. At date of purchase Mrs. Allison was a widow with one child, Mrs. M. B. Sanders; Mrs. Sanders was then, and for several years had been, the wife of J. L. Sanders, of which marriage four children…
1Opinion of the Court
Walker, P. J. Com. App.
The first assigned error is, that the court erred in overruling plaintiffs’ first special demurrer to defend*700ant Allison’s claim of homestead right. This ground is well taken. It devolved upon the defendant, in alleging the facts constituting her homestead right in the premises, to allege such that from them it would appear, prima facie, that her right was of that character. The pleading of a party will, on demurrer, be taken most strongly against the pleader, and the allegations that she was a widow, and had living with her a daughter and four grandchildren as members…
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- Safety Casualty Co. v. McGeeTexas Supreme Court · 1939
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