Shannon v. Gray
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Appellant, as guardian of Thos. Shannon, brought this suit February 3, 1879, against James Porch, John Porch, Chambers Gray .and S. B. Cook, in trespass to try title, and in the event the proof should show his ward was only tenant in common, then for partition, etc.
Read the full summary
Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Appellant, as guardian of Thos. Shannon, brought this suit February 3, 1879, against James Porch, John Porch, Chambers Gray .and S. B. Cook, in trespass to try title, and in the event the proof should show his ward was only tenant in common, then for partition, etc. The facts relied upon were, in substance, that at the date of the «death of Elizabeth Shannon in 1863, the land was the homestead of herself and husband, Sevier Shannon, who were the parents of appellant’s ward, and was their community property. Appellees answered…
1Opinion of the Court
Watts, J. Com. App. —
Appellant objects to the judgment because, at the death of Mrs. Shannon in 1863, the homestead right vested in the minor child, and as Shannon and wife were insolvent the child took the fee to the land.
In Brewer v. Wall, 23 Tex., 589, the court said: “This court has decided, and the constitution clearly contemplates, that the homestead right of the wife does not survive after her death, so as to vest a homestead right in the children of the marriage. In other words, after the death of the wife, the husband may sell the homestead, if it be his separate property, the…
2Cases cited5 opinions
- Brewer v. WallTexas Supreme Court · 1859
- Johnson v. HarrisonTexas Supreme Court · 1877
- Johnson v. TaylorTexas Supreme Court · 1875
- Grothaus v. De LopezTexas Supreme Court · 1882
- John v. BattleTexas Supreme Court · 1883
3Cited by8 opinions
- Wiener v. ZweibTexas Supreme Court · 1912
- Hoefling v. HoeflingTexas Supreme Court · 1914
- Hoefling v. HoeflingTexas Supreme Court · 1914
- Williams v. Farmers' Nat. Bank of StephenvilleCourt of Appeals of Texas · 1918
- Kilgore v. Graves' HeirsCourt of Appeals of Texas · 1884
3 more not listed; retrieve them via the Exa API.