Hector v. Knox
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. George H. Noonan. Suit by appellant to recover of Martha Knox a lot containing three acres of ground in the city of San Antonio, which he claimed as the homestead of himself and his deceased wife, Ann M. Hector.
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Appeal from Bexar. Tried below before the Hon. George H. Noonan. Suit by appellant to recover of Martha Knox a lot containing three acres of ground in the city of San Antonio, which he claimed as the homestead of himself and his deceased wife, Ann M. Hector. He alleged that he was married to Ann M. on May 19, 1870, and was her husband at the time of her death, May 20, 1881. That at the time of her death Ann M. Hector was the owner in fee, “as her separate property,” of three acres of land, and the houses thereon, on Horth Flores street, in the city of San Antonio, .describing the same, as…
1Opinion of the Court
Delany, J. Com. App.
The only questions of importance in the case are: 1st. Whether there was an abandonment of the wife by the husband. 2d. If there was an abandonment, was it without cause.
*617We take the words “ without cause ” to mean without any reasonable cause which would justify or excuse the abandonment.
The plaintiff admits that he left the house in 1877 and that he never lived there afterwards. In the years 1878 and 1879 he went to the house perhaps two or three times, but it does not affirmatively appear that he ever spoke to his wife or saw her after he left her in 1877. And, although…
2Cited by15 opinions
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- Harris v. HamiltonTexas Commission of Appeals · 1920
- Ross, by Next Friend v. Tidewater Oil Co.Texas Supreme Court · 1941
- Green v. WindhamTexas Supreme Court · 1926
- Mabry v. Citizens' Lumber Co.Court of Appeals of Texas · 1907
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