Leatherwood v. Arnold
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. Jo. Abbott. This was an action of trespass to try title. Mrs. M. J. Arnold, joined by her husband, A. M. Arnold, filed an amended original petition November 9, 1883, asserting title to twenty acres of land, and asking rents, damages, etc. Defendant Leatherwood answered by a plea of “not guilty.” Defendants John B. and Martha L. West disclaimed as to ten acres of the land, and pleaded “not guilty” as to the remainder.
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Appeal from Johnson. Tried below before the Hon. Jo. Abbott. This was an action of trespass to try title. Mrs. M. J. Arnold, joined by her husband, A. M. Arnold, filed an amended original petition November 9, 1883, asserting title to twenty acres of land, and asking rents, damages, etc. Defendant Leatherwood answered by a plea of “not guilty.” Defendants John B. and Martha L. West disclaimed as to ten acres of the land, and pleaded “not guilty” as to the remainder. The trial resulted in a verdict and judgment for plaintiffs for the land in controversy and the sum of twenty dollars. The…
1Opinion of the Court
Robertson, Associate Justice.
It was decided at Tyler that a surviving wife administering the community estate under the statute was entitled to the allowances and exemptions accorded her in a regular administration. Nichols v. Oliver, 64 Tex., 647.
The creditor may reach the bond by a proceeding under the statute, or he may pursue his remedy by judgment and execution. Carter v. Conner, 60 Tex., 52.
The remedy prescribed for the distributees was held at-Galveston to be cumulative only, and their right to investigate the trust and have partition in the district court was recognized. Huppman v.…
2Cases cited6 opinions
- Carter v. ConnerTexas Supreme Court · 1883
- Akin v. JeffersonTexas Supreme Court · 1885
- Sanger Bros. v. Heirs of MoodyTexas Supreme Court · 1883
- Huppman v. SchmidtTexas Supreme Court · 1886
- Davis v. McCartneyTexas Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Sargeant v. SargeantTexas Supreme Court · 1929
- Davis v. Magnolia Petroleum Co.Texas Supreme Court · 1940
- Fidelity Union Insurance v. HutchinsTexas Supreme Court · 1939
- Grebe v. First State Bank of BishopTexas Supreme Court · 1941
- Fidelity Union Ins. Co. v. HutchinsTexas Supreme Court · 1939
32 more not listed; retrieve them via the Exa API.