Burgess v. Hargrove
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon. E. W. Terhnne, Special Judge. This was a suit brought by appellee for one-half interest in a tract of land, and for partition. Appellants pleaded not guilty and improvements made in good faith. The case was submitted to the court at the August term of 1884, and judgment rendered against appellants for one-half the land.
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Appeal from Hopkins. Tried below before the Hon. E. W. Terhnne, Special Judge. This was a suit brought by appellee for one-half interest in a tract of land, and for partition. Appellants pleaded not guilty and improvements made in good faith. The case was submitted to the court at the August term of 1884, and judgment rendered against appellants for one-half the land. The only assignment of error was that the court below erred in holding that the words “ child or children” as used in the Revised Statutes, article 1653, included grandchildren. The court found the facts to be: that H. 0.…
1Opinion of the Court
Willie, Chief Justice.
This case involves a1 construction of article 1653 of our Revised Statutes, regulating the descent and distribution of community property. That article is as follows: “ Upon the dissolution of the marriage relation by death, all the common property belonging to the community estate of the husband and wife shall go to the survivor, if the deceased have no child or children ; but if the deceased have a child or children, his survivor shall be entitled to one-half of said property, and the other half shall pass to the child or children of the deceased.”
In this case the…
2Cases cited5 opinions
- Thompson v. CraggTexas Supreme Court · 1859
- Walton v. CottonSupreme Court of the United States · 1857
- Adams v. Law Ex Rel. RobinsonSupreme Court of the United States · 1855
- Willis v. JenkinsSupreme Court of Georgia · 1860
- McGuire v. WestmorelandSupreme Court of Alabama · 1860
3Cited by18 opinions
- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
- Harle v. HarleTexas Supreme Court · 1918
- Bartlett v. TerrellCourt of Appeals of Texas · 1927
- Ross v. MartinTexas Supreme Court · 1911
- Clements v. Clements MauryCourt of Appeals of Texas · 1908
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