Burcham v. Gann
Texas Commission of Appeals
Appeal from Navarro. Tried beloxv before the Hon-. F. P. Wood. Ann Bureham, joined by her husband, brought suit, in form of trespass to try title, to recover of the appellee a certain tract' of land described in their petition, on September 4, 1874. Mrs. Burcham, formerly Mrs. Cowan, with her first husband, Datus Gowan, acquired the land during their marriage; they occupied it as a homestead from the year 1861 until the year 1866, in the fall of which year they went out of…
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Appeal from Navarro. Tried beloxv before the Hon-. F. P. Wood. Ann Bureham, joined by her husband, brought suit, in form of trespass to try title, to recover of the appellee a certain tract' of land described in their petition, on September 4, 1874. Mrs. Burcham, formerly Mrs. Cowan, with her first husband, Datus Gowan, acquired the land during their marriage; they occupied it as a homestead from the year 1861 until the year 1866, in the fall of which year they went out of the state; whether with the intention of abancloning their homestead, and to leave the state without the intention of…
1Opinion of the CourtWalker, P. J.
The first ground of objection to the testimony of witnesses as to the plaintiff’s declarations is that the defendant had filed no plea alleging abandonment by the plaintiff. This ground of objection is not well taken. This action, being in form an action of trespass to try title, it admitted, under the plea of “not guilty,” evidence of such facts as may show that the plaintiff has no right to recover. The plaintiffs in their petition set out the right or title under which Mrs. Burcham claims, viz., her right to the premises in virtue of her homestead rights in the same, which sh'e alleges she…
2Cases cited15 opinions
- Jones v. StateTexas Supreme Court · 1854
- Mims v. MitchellTexas Supreme Court · 1846
- Rivers v. FooteTexas Supreme Court · 1854
- Kimbro v. HamiltonTexas Supreme Court · 1866
- Trawick v. HarrisTexas Supreme Court · 1852
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3Cited by1 opinion
- Weitzman v. LeeCourt of Appeals of Texas · 1924