Millikin v. Smoot

Walker, Associate Justice.

This is a second appeal—64 Texas, 172, where a statement of the case appears.

That the consideration paid for the horses—the subject of the litigation came from land limited to the wife for life, her children to take after her death—did not affect her right to the property for her life, nor to the possession of it. She had the right to reclaim the property, and it was her duty to do so, *760The answer of Millikin, pleading a non joinder of parties, and insisting that her children should be made parties, was insufficient, and the exceptions to it were properly sustained.…