Legal Opinion

Griffie v. Maxey

Texas Supreme Court

Decided December 19, 1882No. Case No. 1295PublishedCited by 16 opinions

Appeal from Johnson. Tried below before the Hon. Jo Abbott. Suit brought by appellees against Lizzie Griffie, administratrix, Hattie Griffie and Alva Griffie, the first named being the surviving widow and administratrix of the estate of John Griffie, deceased, and the two latter his minor children, to establish title to and recover possession of an undivided half interest in lot 1, in block 38, in the town of Cleburne; for partition and damages, and to establish two claims…

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Appeal from Johnson. Tried below before the Hon. Jo Abbott. Suit brought by appellees against Lizzie Griffie, administratrix, Hattie Griffie and Alva Griffie, the first named being the surviving widow and administratrix of the estate of John Griffie, deceased, and the two latter his minor children, to establish title to and recover possession of an undivided half interest in lot 1, in block 38, in the town of Cleburne; for partition and damages, and to establish two claims for money secured by deed of trust, as valid claims against the estate, and liens on the other half of that lot, or in…

1Opinion of the Court

Stayton, Associate Justice.

The action of the court in excluding the decree of the probate court, setting aside the property in controversy to Mrs. Griffie and her children as homestead, is unimportant, as their rights in this regard do not depend upon the action of the probate court, if the property was homestead in fact at the time of the death of John Griffie. Sossaman v. Powell, 21 Tex., 664.

*214Nor is it important whether the property was owned by John Griffie and Elijah Griffie as partners, at the time the trust deed for the benefit of Mrs. Maxey was executed, or not, for prior to the death…

2Cases cited3 opinions

  1. Clements v. LacyTexas Supreme Court · 1879
  2. Sossaman v. PowellTexas Supreme Court · 1858
  3. Williams v. WetheredTexas Supreme Court · 1873

3Cited by16 opinions

  1. Holland v. NimitzTexas Supreme Court · 1922
  2. Ford, Receiver v. SimsTexas Supreme Court · 1900
  3. American Bonding Co. of Baltimore v. LoganTexas Supreme Court · 1914
  4. American Bonding Co. of Baltimore v. LoganTexas Supreme Court · 1914
  5. Littleton v. LittletonCourt of Appeals of Texas · 1960

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