Dawson v. Holt
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. M. H. Bonner. This was a suit brought by the heirs of a deceased wife against the purchasers of the homestead sold them by the surviving husband on the day after he had filed an inventory and appraisment of the community property, under the act supplementary to the act better defining marital rights.
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Appeal from Smith. Tried below before the Hon. M. H. Bonner. This was a suit brought by the heirs of a deceased wife against the purchasers of the homestead sold them by the surviving husband on the day after he had filed an inventory and appraisment of the community property, under the act supplementary to the act better defining marital rights. (Paschal’s Dig., art. 4648.) The facts are set out in the opinion, except that the bad conduct of the husband alluded to was his immorality, living in notorious adultery with a negro woman, neglect of his children, failure to support, or educate…
1Opinion of the Court
Ireland, Associate Justice.
In 1864 J. P. Smith and Margaret Smith, husband and wife, were the owners of certain property situated in the town of Tyler, which was community property. In that year the wife died, leaving plaintiffs, her children and heirs surviving.
*177The property was occupied by Smith and wife as a homestead at the date of Mrs. Smith’s death, and continued to he so occupied by Smith and children, plaintiffs, after the death of the wife and up to the sale by Smith.
There was no regular administration on the wife’s estate, and no debts are shown to have existed against the community.…
2Cases cited4 opinions
- Brewer v. WallTexas Supreme Court · 1859
- Jones' Adm'r v. JonesTexas Supreme Court · 1855
- Allison v. ShillingTexas Supreme Court · 1864
- Johnson v. TaylorTexas Supreme Court · 1875
3Cited by37 opinions
- Stone v. JacksonTexas Supreme Court · 1919
- Ashe v. YungstTexas Supreme Court · 1886
- Walker v. AbercrombieTexas Supreme Court · 1884
- Carter v. ConnerTexas Supreme Court · 1883
- Sanger Bros. v. Heirs of MoodyTexas Supreme Court · 1883
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