Routh v. Routh
Texas Supreme Court
Appeal from Fannin. Tried below before the Hon. John C. Easton. This was a suit brought by Elizabeth Routh in the year 1871 against the children of Jonathan Routh, deceased, in their capacity as devisees and legatees under his last will and testament, for the recovery of her equal one-half interest in all the property possessed and claimed by the testator at his death, in her right as wife during his life, and the acquisition by him of the said property, by virtue of her…
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Appeal from Fannin. Tried below before the Hon. John C. Easton. This was a suit brought by Elizabeth Routh in the year 1871 against the children of Jonathan Routh, deceased, in their capacity as devisees and legatees under his last will and testament, for the recovery of her equal one-half interest in all the property possessed and claimed by the testator at his death, in her right as wife during his life, and the acquisition by him of the said property, by virtue of her community interest therein. During the progress of the suit the plaintiff discontinued as against some of the original…
1Opinion of the Court
Walker, P. J. Com. App.
The first assignment of error presents the question whether the facts alleged in the defendant’s special an*594swer constitute a bar to the community rights of a legal wife in property acquired by him with another woman whom he has married pending the existence of á former valid one; the last wife being ignorant of its existence or continued subsistence, and the property constituting the community of gains having been acquired by the joint labor of the partners in the last marriage.
The defendant’s answer does not deny the plaintiff’s allegations, that she was lawfully…
2Cases cited10 opinions
- Carroll v. CarrollTexas Supreme Court · 1858
- Gaines v. New OrleansSupreme Court of the United States · 1868
- Patton v. Cities of Philadelphia & New OrleansSupreme Court of Louisiana · 1846
- Smith v. SmithTexas Supreme Court · 1846
- Robert v. HollandTexas Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Beals ex rel. Walker v. AresNew Mexico Supreme Court · 1919
- Schneider v. SchneiderCalifornia Supreme Court · 1920
- Barkley v. DumkeTexas Supreme Court · 1905
- Sloan v. WestWashington Supreme Court · 1908
- Gulf, Colorado & Santa Fe Railway Co. v. JohnsonTexas Supreme Court · 1905
23 more not listed; retrieve them via the Exa API.