Manchaca v. Martinez

The sole question presented by this appeal is the right of the owners of the fee to compel a partition of the homestead during the rightful occupancy thereof by the surviving husband.

The land in question, consisting of 200 acres, was the separate property of Mary Martinez, and was occupied by her and her husband as their homestead during her lifetime. After her death her husband continued to occupy the property as his homestead. The grantees of some of the heirs of Mary Martinez brought suit against the husband and other heirs for partition of the property. It is their contention that,…