Grigsby v. Peak

Stayton, Associate Justice.

The leading facts involved in, this case are stated in the cases of Caruth v. Grigsby, and Grigsby v. Caruth, reported in 57 Texas, 259, 273. Every question but one raised in this case was decided adversely to the appellee in the cases above referred to. The question not decided in the cases mentioned arises on the following facts:

1. The land of which that in controversy is a part was community property, owned by John Grigsby and his wife, Louisa.

2. John Grigsby died in 1841, leaving nine children, of whom seven were by a former wife, and two (D. B. and Emeline…