Stephenson v. Marsalis

LIGHTFOOT, Chief Justice.

Appellants’ statement of the case is substantially correct, as follows: 'This suit was instituted by appellants. Their petition contained two counts: one in the ordinary form of an action of trespass to try title; the other, which was the first contained in the petition, represented that appellants were the children and only heirs of J. W. Stephenson, and his wife Priscilla Stephenson, both of whom died in January, 1885. Mrs. Stephenson died after the death of her husband. The land in controversy was their homestead, and continued to be the homestead of Mrs.…