Lee v. Smith
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. The only fact of any importance, not distinctly stated in the Opinion is, that the present value of certain real property which had been sold for the support of the appellants by order of the Probate Court, was reported by the Commissioners, and the appellees claimed that the appellants were justly chargeable therewith; whereas the Court below decided that the appellants were only chargeable with the proceeds…
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. The only fact of any importance, not distinctly stated in the Opinion is, that the present value of certain real property which had been sold for the support of the appellants by order of the Probate Court, was reported by the Commissioners, and the appellees claimed that the appellants were justly chargeable therewith; whereas the Court below decided that the appellants were only chargeable with the proceeds of the sale of said property and interest thereon ; to which appellees excepted.
1Opinion of the Court
Hemphill, Ch. J.
The substance of the important facts in his case is, that Wm. W. Smith married Harriet Stone in *143Missouri in 1822, by whom he had three children before 1828. He then abandoned his wife, came to Texas, and under the name of John W. Smith, in 1831 or 1832, married according to the laws of the land Maria Jesusa Delgado in San Antonio. The marriage was entered into and continued in good faith by the said Maria Jesusa Delgado, or in other words she was from the first and continued to remain in ignorance of the prior marriage of her husband, or rather of the existence of the first…
2Cited by6 opinions
- Routh v. RouthTexas Supreme Court · 1882
- Morgan v. MorganCourt of Appeals of Texas · 1892
- Parker v. ParkerCourt of Appeals for the Fifth Circuit · 1915
- Defferari v. TerryCourt of Appeals of Texas · 1933
- DeGrummond v. SmithCourt of Appeals of Texas · 1943
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