Miller v. Widow & Heirs of Menke
Texas Supreme Court
Appeal from. Austin county. H. Miller was appointed assignee of the estate of Theodore Menke (since deceased), by deed of assignment for the benefit of creditors, made December 2, 1880, conveying to him all the property of Menke not exempt from forced sale under the constitution and laws of the state.
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Appeal from. Austin county. H. Miller was appointed assignee of the estate of Theodore Menke (since deceased), by deed of assignment for the benefit of creditors, made December 2, 1880, conveying to him all the property of Menke not exempt from forced sale under the constitution and laws of the state. He sued to subject lots 4 and 5, in block F, in the town of Belleville, Austin county, as assets of the estate conveyed to him by the assignment, for the purpose of distribution among the creditors of Menke. The surviving wife and child of Menke claimed the property as homestead. The judgment of…
1Opinion
On Motion for Rehearing.
*552It is not to be denied that what the court has now declared a part of the homestead has been hitherto regarded as “ gilt-edge ” security, has been habitually sold under execution, sold under deeds of trust, and sold by the husband at private sale without the joining of the wife, unquestioned and unchallenged.
In the Alabama woman’s case—-Henderson v. Ford, 46 Tex., 628,— the present learned chief justice, delivering the opinion of the court, says:
“The only remaining objection to appellee’s right to a judgment is her removal from the state after Bohannan’s death and…
2Cases cited4 opinions
- Borman v. StateSupreme Court of Alabama · 1859
- Minis v. United StatesSupreme Court of the United States · 1841
- In re WebbNew York Supreme Court · 1862
- Hunt v. StateCourt of Appeals of Texas · 1879