Wheat v. Owens
Texas Supreme Court
Error from Williamson. Suit by W. H. Wheat and his wife Frances, against W. E. Owen and his wife Eliza, to recover one-half of the licadright of Sherwood J. Dover. The facts were as follows : In the year 1883, Sherwood J. Dover, then a widower with one child, the defendant Eliza, intermarried with the plaintiff Frances, in the State of Kentuckey, and. during the same or the succeeding year, emigrated to Texas, bringing with him his wife and child aforesaid.
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Error from Williamson. Suit by W. H. Wheat and his wife Frances, against W. E. Owen and his wife Eliza, to recover one-half of the licadright of Sherwood J. Dover. The facts were as follows : In the year 1883, Sherwood J. Dover, then a widower with one child, the defendant Eliza, intermarried with the plaintiff Frances, in the State of Kentuckey, and. during the same or the succeeding year, emigrated to Texas, bringing with him his wife and child aforesaid. After his arrival and settlement in the then province of Texas, and after he had become a permanent citizen thereof, in the early part of…
1Opinion of the Court
Hemphill, Ch. J.
The claim of Mrs. Wheat is founded upon the supposition that the marriage between her and Dover not being legally dissolved before his death, she is entitled to a community share of the headright lands granted to the heirs of Dover, he being regarded as the head of a family; and we may observe here that the fact of the certificate being issued to the heirs of Dover cannot affect her rights, for, if she be entitled, they would hold in trust for her, to the extent of her interest. The question is whether, by the wilful abandonment of her husband and living in adultery with…
2Cited by10 opinions
- Satterwhite v. RosserTexas Supreme Court · 1884
- Steddum v. Kirby Lumber Co.Texas Supreme Court · 1920
- Boone v. HulseyTexas Supreme Court · 1888
- Routh v. RouthTexas Supreme Court · 1882
- Pendleton v. BrownArizona Supreme Court · 1923
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