Whetstone v. Coffey
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon. Green J. Clark. This suit was brought by appellant for the recovery of three hundred and twenty acres of land in Hopkins county, which she alleges was the community homestead of herself and her late husband, Anderson Whetstone.
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Appeal from Hopkins. Tried below before the Hon. Green J. Clark. This suit was brought by appellant for the recovery of three hundred and twenty acres of land in Hopkins county, which she alleges was the community homestead of herself and her late husband, Anderson Whetstone. The petition alleges that said Whetstone sold the same by quit-claim deed to one B. A. Vansickle, in December, 1859; that at that time she was the lawful wife of said Whetstone; that they lived upon said land as their homestead, having no other at the date of said sale; that she did not give her consent to said sale, nor…
1Opinion of the Court
Roberts, Chief Justice.
The court sustained a general exception to the petition of plaintiff, which was a suit for an undivided half interest in the land alleged to have been sold by her husband while it was a homestead, during her coverture, without her consent.
There is no other answer filed, except the plea of not guilty.
There is no ground of deficiency in the petition, as amended, pointed out by special exceptions, and there is no brief filed by appellees.
We are therefore not informed, by the record, upon what ground the court below acted. The petition, however loosely and carelessly worded…
2Cases cited6 opinions
- Babb v. CarrollTexas Supreme Court · 1858
- Robert v. HollandTexas Supreme Court · 1876
- Wright v. WrightTexas Supreme Court · 1852
- Byrne v. ByrneTexas Supreme Court · 1848
- Hardin v. HardinTexas Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Kirkwood v. DomnauTexas Supreme Court · 1891
- Barrett v. FailingSupreme Court of the United States · 1884
- Kirberg v. WorrellTexas Commission of Appeals · 1932
- Steves v. SmithCourt of Appeals of Texas · 1908
- Wimberly v. PabstTexas Supreme Court · 1881
24 more not listed; retrieve them via the Exa API.