Legal Opinion

Mabry v. Harrison

Texas Supreme Court

Decided July 1, 1875PublishedCited by 10 opinions

Appeal from Marion. Tried below before the Hon. J. D. McAdoo. Mrs. Margaret S. Ward brought suit to enjoin the sale of lots 11 and 12 in block 29 of city of Jefferson, claimed as the homestead of plaintiff and her husband, W. H. Ward, who, refusing to join as plaintiff, was made defendant.

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Appeal from Marion. Tried below before the Hon. J. D. McAdoo. Mrs. Margaret S. Ward brought suit to enjoin the sale of lots 11 and 12 in block 29 of city of Jefferson, claimed as the homestead of plaintiff and her husband, W. H. Ward, who, refusing to join as plaintiff, was made defendant. Plaintiff alleged that she and her husband had in 1866 bought certain lots in Jefferson, investing therein $1,600 of her separate estate, for the purpose of a homestead, and commenced the erection of a building for a residence. That said lots were exchanged for the said lots 11 and 12, which also were…

1Opinion of the Court

Gould, Associate Justice.

This suit was instituted by appellant, Mrs. M. S. Ward, to enjoin the appellees from selling under deeds of trust from her husband, W. H. Ward, certain lots and improvements in the city of Jefferson, which she claimed to be her homestead and in part her separate property. She made her husband a party defendant, and he dying after the commencement of the suit, appellant Mabry became administrator of his estate, and was made a party defendant. The principal question in the case was the same after Ward’s death that it was before, viz, Did Mrs. Ward have any rights in the…

2Cases cited3 opinions

  1. White v. ShepperdTexas Supreme Court · 1856
  2. Stone v. DarnellTexas Supreme Court · 1857
  3. Potshuisky v. KrempkanTexas Supreme Court · 1862

3Cited by10 opinions

  1. Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889
  2. Brooks v. ChathamTexas Supreme Court · 1882
  3. Baird v. TriceTexas Supreme Court · 1879
  4. Ward v. BraunCourt of Appeals of Texas · 1967
  5. Mabry v. WardTexas Supreme Court · 1878

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