Newman v. Farquhar
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. The record showed that the defendant, Alfred Farquhar, was a married man in 1855, and that he then bought the land, now in the county of Waller, and moved on it, and established his homestead thereon, and lived on it continuously until December, 1870. On the 30th of January, 1868, his first wife died, and in 1869 he married a second wife (Miss E. J. Newman). In December, 1870, he left his Waller county…
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. The record showed that the defendant, Alfred Farquhar, was a married man in 1855, and that he then bought the land, now in the county of Waller, and moved on it, and established his homestead thereon, and lived on it continuously until December, 1870. On the 30th of January, 1868, his first wife died, and in 1869 he married a second wife (Miss E. J. Newman). In December, 1870, he left his Waller county place, leaving the same in charge of his children and sons-in-law, with instructions as to the management, occupancy, etc.,…
1Opinion of the Court
West, Associate Justice.
The refusal of the court to give certain instructions, asked by appellant, is assigned as error. Under the facts and circumstances developed on the trial of this case, we are of opinion that the district court did not err in declining to give the instructions asked.
The main issue in the case was whether the homestead of the appellee and her husband was in Washington or in Waller county on the 9th of October, 1879, the date of the deed of the husband of the appellee to the appellant, on which this suit was based. The question was not where it had been before that time,…
2Cases cited2 opinions
- Smith v. UzzellTexas Supreme Court · 1882
- Gee v. ScottTexas Supreme Court · 1878
3Cited by3 opinions
- Gray v. FussellCourt of Appeals of Texas · 1907
- Etheridge v. PriceTexas Supreme Court · 1889
- Cetti v. DunmanCourt of Appeals of Texas · 1901