Cline v. Upton
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. In January, 1867, Upton et al. bought the land in controversy, and occupied the same as a home until the beginning of the year 1868. The deed to the same was in the usual form, and .in the name of the wife (but did not recite that it was bought with her separate means, or for her separate, use or estate). In the early part of 1868 Upton and wife left said place, removing to a farm on the Brazos river; from…
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Appeal from Harris. Tried below before the Hon. James Masterson. In January, 1867, Upton et al. bought the land in controversy, and occupied the same as a home until the beginning of the year 1868. The deed to the same was in the usual form, and .in the name of the wife (but did not recite that it was bought with her separate means, or for her separate, use or estate). In the early part of 1868 Upton and wife left said place, removing to a farm on the Brazos river; from there, in 1869, they went to Refugio county, where they resided until 1873, during which time the husband was sheriff of…
1Opinion of the Court
Stayton, Associate Justice.
There is no claim that the property in controversy was not the homestead of appellees in the year 1868, and whether it was purchased with the separate means of the. wife is unimportant, being purchased during the marriage of Upton and wife, in so far as the rights of the appellants are concerned, if the purchase was made by Mrs. Cline for a valuable consideration without knowledge of the manner in which the purchase money was paid. Cook v. Bremond, 27 Tex., 457; Kirk v. Navigation Co., 49 Tex., 215.
The only question in the case was, had the property been abandoned…
2Cases cited3 opinions
- Gouhenant v. CockrellTexas Supreme Court · 1857
- Cooke v. BremondTexas Supreme Court · 1864
- Woolfolk v. RicketsTexas Supreme Court · 1874
3Cited by19 opinions
- Chalk v. DaggettTexas Commission of Appeals · 1924
- O'Brien v. WoeltzTexas Supreme Court · 1900
- City of Anson v. ArnettCourt of Appeals of Texas · 1952
- State v. Hidalgo County Water Control & Improvement District No. EighteenCourt of Appeals of Texas · 1969
- Carter v. PickettSupreme Court of Oklahoma · 1913
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