Hoffman v. Neuhaus
Texas Supreme Court
Error from Colorado. The case was tried before Hon. George W. Smith, one of the district judges. This suit was brought by Anna Neuhaus and Frederica Neuman, children of J. H. Miller, joined by their husbands, deceased, in the county court of Colorado county, against their mother, Elizabeth Miller Hoffman, for the partition of the homestead of their said father, whose estate was insolvent, and which homestead had been set apart by the county court of said county for the use…
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Error from Colorado. The case was tried before Hon. George W. Smith, one of the district judges. This suit was brought by Anna Neuhaus and Frederica Neuman, children of J. H. Miller, joined by their husbands, deceased, in the county court of Colorado county, against their mother, Elizabeth Miller Hoffman, for the partition of the homestead of their said father, whose estate was insolvent, and which homestead had been set apart by the county court of said county for the use and benefit of the widow and children of the said Miller. The mother, who had intermarried with Hoffman, pleaded to the…
1Opinion of the CourtMorrill, C. J.
In this case the children of one Miller, deceased, petitioned the county court for a division of the homestead, now in possession of the widow of the deceased, Miller, and her minor children.
The county court dismissed the petition, and the cause was taken to the- district court, which divided the homestead into two equal parts, giving one part to the widow, and the other part to be divided equally among all the children, as well those of age as minors.
The constitution of the state, and the laws made in obedience thereto, after defining a homestead, secures it to the family.
When children…
2Cited by4 opinions
- Hoppe v. HoppeCalifornia Supreme Court · 1894
- McSwain v. CraycroftCalifornia Supreme Court · 1917
- Kirksey v. ColeSupreme Court of Arkansas · 1886
- Burns v. JonesTexas Supreme Court · 1873