Evans v. Fortner
Court of Appeals of Texas
Appeal from District Court, Bowie County; H. F. O’Neal, Judge. Partition suit by Mrs. Viola Fortner and others against J. S. Evans. Judgment for plaintiffs, and defendant appeals. Appellant and Mary A. Mitton, a widow, were married in 1878. In February, 1892, they purchased three unimproved building lots (50 by 140 feet each, and numbered 1, 2, and 3, respectively) in Texarkana, around which they at once constructed a fence.
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Appeal from District Court, Bowie County; H. F. O’Neal, Judge. Partition suit by Mrs. Viola Fortner and others against J. S. Evans. Judgment for plaintiffs, and defendant appeals. Appellant and Mary A. Mitton, a widow, were married in 1878. In February, 1892, they purchased three unimproved building lots (50 by 140 feet each, and numbered 1, 2, and 3, respectively) in Texarkana, around which they at once constructed a fence. In the fall of that year (1892) appellant built a dwelling house on lot 3, having segregated it from lot 2 by a fence constructed on the line between them, and a few…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). Assuming, as he does in his brief, that it appeared from the testimony that the three lots purchased by him in 1892 became his homestead within the meaning of the Constitution (article 16, §§ 51, 52) and laws (3 Vernon’s Stat. art. 3786 ; 2 Vernon’s Stat. art. 3429), appellant insists that it did not appear that lot 3 and the part of lot 2 in question ever ceased to be a part of such homestead; and he further insists that the trial court therefore erred when he directed a partition of said lot 3 and part of lot 2 as prayed for by Mrs. Fortner.…
2Cases cited5 opinions
- Blum v. RogersTexas Supreme Court · 1890
- Johnson v. BurtonCourt of Appeals of Texas · 1905
- Wurzbach v. MengerCourt of Appeals of Texas · 1901
- Cobb v. CollinsCourt of Appeals of Texas · 1908
- Heatherly v. LittleCourt of Appeals of Texas · 1899
3Cited by1 opinion
- Sims v. BeesonCourt of Appeals of Texas · 1976