Magee v. Rice
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. A lucid statement of the case is given in the opinion of the court. The action was indorsed as a suit of trespass to try title and for damages ; but the petition set out specifically the facts on which the plaintiffs asserted their title, and it prayed for partition as well as the usual relief.
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Appeal from Harris. Tried below before the Hon. James Masterson. A lucid statement of the case is given in the opinion of the court. The action was indorsed as a suit of trespass to try title and for damages ; but the petition set out specifically the facts on which the plaintiffs asserted their title, and it prayed for partition as well as the usual relief. Benjamin Richey, their father, was made a co-defendant with his vendees, but died pending the litigation in the court below. The verdict was for the defendants, judgment accordingly, and a new trial refused.
1Opinion of the CourtWalker, J.
The marriage of Benjamin Richey with Rosanna, his first wife, in 1840; the birth of four children to them during their marriage; the death of the wife and mother, on the 31st of July, 1854; the subsequent death of two of the children, intestate and without issue; the heirship of the plaintiffs, Mrs. Q-ogle and Mrs. Magee, are all facts admitted upon the record.
It is also shown by the evidence that during the marital partnership qf Richey and wife, they acquired twenty-six acres of land in Harris county, which they improved and occupied as a homestead; and that Benjamin Richey, with his minor…
2Cases cited8 opinions
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- Good v. CoombsTexas Supreme Court · 1866
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