Legal Opinion

O'Brien v. Woeltz

Texas Supreme Court

Decided November 8, 1900No. 945PublishedCited by 46 opinions

Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. Mrs. Woeltz sued for divorce and division of property, making O’Brien, a mortgagee thereof, a defendant. She prosecuted error from a judgment holding his mortgage valid and foreclosing it, and had judgment reversed and rendered. O’Brien obtained writ of error from the Supreme Court.

1Opinion of the Court

BROWN, Associate Justice.

Ida Woeltz sued her husband, August Woeltz, for a divorce and for a partition of the community property, making John O’Brien a defendant, alleging that he had a mortgage upon the greater part of the property, and that the mortgage was executed when the property hereafter mentioned was a part of the homestead of Woeltz and his wife. Mrs. Woeltz prayed that the mortgage be canceled and that the property constituting the homestead, as well as other property, be partitioned between herself and her husband. There were a number of lots involved in the suit, but the…

2Cases cited5 opinions

  1. Wynne v. HudsonTexas Supreme Court · 1886
  2. Medlenka v. DowningTexas Supreme Court · 1883
  3. West End Town Co. v. GriggTexas Supreme Court · 1900
  4. Cline v. UptonTexas Supreme Court · 1882
  5. Woolfolk v. RicketsTexas Supreme Court · 1874

3Cited by46 opinions

  1. Perry v. Dearing (In Re Perry)Court of Appeals for the Fifth Circuit · 2003
  2. In the Matter of Kelly P. Bradley, Debtor. Kelly P. Bradley v. Pacific Southwest Bank, FsbCourt of Appeals for the Fifth Circuit · 1992
  3. Gallagher v. GallagherCourt of Appeals of Texas · 1919
  4. Carstens v. LandrumTexas Commission of Appeals · 1929
  5. Caulley v. CaulleyTexas Supreme Court · 1991

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