Horn v. Arnold
Texas Supreme Court
Appeal from Hunt. Tried below before the Hon. Green ,J. Clark. This case was submitted as an agreed case, but neither in the record nor in the briefs of counsel can any information be obtained as to the distinctive character of the action, unless it be found in the judgment, which provides for a partition of the land. The case was docketed below as “Nathaniel Anderson, administrator, v. W. A. Horn and William Arnold.”
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Appeal from Hunt. Tried below before the Hon. Green ,J. Clark. This case was submitted as an agreed case, but neither in the record nor in the briefs of counsel can any information be obtained as to the distinctive character of the action, unless it be found in the judgment, which provides for a partition of the land. The case was docketed below as “Nathaniel Anderson, administrator, v. W. A. Horn and William Arnold.” The agreed case is as follows, viz.: “Andrew McDonald died in Hunt county, Texas, in April, A. D. 1870; he left surviving him his wife, Mary McDonald, and his son, John C.…
1Opinion of the Court
Moore, Chief Justice.
“Whatever may have been the views entertained by individual members of the court upon the subject as an original question, it must now be held to be definitely settled that the widow and children (or either, as the case may be) to whom a homestead was set apart under the probate law of 1848, out of an insolvent estate, took an estate in fee, freed and discharged from the liens of creditors, unless it be for purchase-money, or for work and labor or for materials furnished in constructing or erecting improvements upon the property. (Reeves v. Petty, 44 Tex., 249; Green v.…
2Cases cited2 opinions
- Green v. CrowTexas Supreme Court · 1856
- Reeves v. GoodnerTexas Supreme Court · 1875
3Cited by15 opinions
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- American Bonding Co. of Baltimore v. LoganTexas Supreme Court · 1914
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