Manchaca v. Martinez

This was a suit to partition a tract of two hundred acres of land in Nacogdoches County, owned by Mary Martinez at the time of her death as her separate property. The plaintiffs were certain of the heirs of Mary Martinez, and a grantee of two of the heirs. The defendants were Frank Martinez, surviving husband of Mary Martinez, and her other heirs. At the time of the death of Mary Martinez she and her husband, Frank Martinez, used, occupied, and enjoyed the land as their homestead.

The plaintiffs claim the right of partition on two grounds: First, that Frank Martinez had abandoned his homestead…