Hair v. Wood
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. X. B. Saunders. Appellants, as the children of Frank Barnes, deceased, instituted this suit against appellees March 1, 1876, to recover then}-, interest in the land described in the petition. In 1866 Frank Barnes and his wife, Elmira Barnes, together with the appellants, their two minor children, occupied the property in controversy as their homestead. It was the community property of Frank and Elmira Barnes.
Read the full summary
Appeal from Falls. Tried below before the Hon. X. B. Saunders. Appellants, as the children of Frank Barnes, deceased, instituted this suit against appellees March 1, 1876, to recover then}-, interest in the land described in the petition. In 1866 Frank Barnes and his wife, Elmira Barnes, together with the appellants, their two minor children, occupied the property in controversy as their homestead. It was the community property of Frank and Elmira Barnes. Frank Barnes conveyed the same to Oakes during that year; his wife, Elmira, did not join in the deed. July 20, 1867,- Oakes conveyed it to…
1Opinion of the Court
Watts, J. Com. App.
In the suit of Elmira Barnes v. Scogin et al., Mrs. Barnes sued as the surviving wife of Frank Barnes, deceased, and as the head of a family consisting of herself and her two minor children, the appellants in this case. It would seem that they were represented in that suit by their mother, and that her recovery would inure to their benefit, to the extent of their rights in the subject matter of the litigation, and in my opinion the court erred in holding the contrary.
Appellee John E. Wood purchased the property pending that suit. It was not necessary, to make him a party…
2Cases cited3 opinions
- Briscoe v. BronaughTexas Supreme Court · 1846
- Johnson v. HarrisonTexas Supreme Court · 1877
- Burford v. RosenfieldTexas Supreme Court · 1873
3Cited by8 opinions
- Moss v. HelsleyTexas Supreme Court · 1883
- Stewart v. Rockdale State BankTexas Supreme Court · 1935
- Ahlers v. ThomasNevada Supreme Court · 1899
- Morrison v. CloudCourt of Appeals of Texas · 1929
- Martin v. BarnumCourt of Appeals of Texas · 1926
3 more not listed; retrieve them via the Exa API.