Mabry v. Birge
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. J. D. McAdoo. The suit out of which this arose was instituted in the District Court of Marion county, December 5, 1871, by M. S. Ward, (wife of W. H. Ward,) against her said husband, W. H. Ward, W. M. Harrison, Erastus Jones, and J. H. Bemis, wherein she claimed certain property as a homestead, and asked that Harrison, Jones, and Bemis be restrained from selling the same under deeds of trust made by her husband on said property…
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Appeal from Marion. Tried below before the Hon. J. D. McAdoo. The suit out of which this arose was instituted in the District Court of Marion county, December 5, 1871, by M. S. Ward, (wife of W. H. Ward,) against her said husband, W. H. Ward, W. M. Harrison, Erastus Jones, and J. H. Bemis, wherein she claimed certain property as a homestead, and asked that Harrison, Jones, and Bemis be restrained from selling the same under deeds of trust made by her husband on said property to secure the payment of debts of her husband to said Harrison and Jones. On the 9th day of February, 1872, pending…
1Opinion of the Court
Gould, Associate Justice.
There is no assignment of errors in this case, and this of itself is a good ground for its dismissal.
But we are also of the opinion that the order appealed from is not a final judgment, but is interlocutory in its character and will not support an appeal. In the course of litigation commenced by Mrs. Ward to enjoin Harrison and Jones from selling, under deeds of trust from her husband, property which she claimed to he her homestead, and also, in part her separate property, the court appointed a receiver to collect incoming rents. How, her husband, who was made a party…
2Cited by8 opinions
- Robinson v. FavilleCourt of Appeals of Texas · 1919
- Nye v. GribbleTexas Supreme Court · 1888
- Carl v. SettegastCourt of Appeals of Texas · 1919
- Long v. FieldsCourt of Appeals of Texas · 1903
- Edwards v. NortonTexas Supreme Court · 1877
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