Mayman v. Reviere
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. X. B. Saunders. J. W. Oliver owed appellant $751, and, on August 7,1874, Mayman sued out an attachment in Falls county, and had the same levied upon twelve barrels whisky, three barrels molasses, and three boxes tobacco, the property of J. W. Oliver. After the levy of this attachment, Oliver died.
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Appeal from McLennan. Tried below before the Hon. X. B. Saunders. J. W. Oliver owed appellant $751, and, on August 7,1874, Mayman sued out an attachment in Falls county, and had the same levied upon twelve barrels whisky, three barrels molasses, and three boxes tobacco, the property of J. W. Oliver. After the levy of this attachment, Oliver died. There was no service had on him, hut his administrator, Riviere, made himself a party defendant in the suit, and judgment was obtained for Mayman, for $774.13, on March 18.1875, ordering the lien, by virtue of said attachment upon said property, to…
1Opinion of the Court
Gould, Associate Justice.
The questions presented arise under the probate law of August 15, 1870, and especially under the 26th section of that law, as follows: “ The property reserved from forced sale by the Constitution and laws of this State, or its value, if there' be no such property, does not form any part of the estate of a deceased person, where a constituent of the family survives.” (Paschal’s Dig., art. 5487.) Li Terry v. Terry, supra, it was held by our predecessors, construing this law, that the surviving widow is “ entitled to an allowance in lieu of a homestead, and also in lieu…
2Cases cited1 opinion
- Giddings v. CrosbyTexas Supreme Court · 1859
3Cited by11 opinions
- McLane v. PaschalTexas Supreme Court · 1877
- Thompson v. KayTexas Supreme Court · 1934
- Hill v. SmithCourt of Appeals of Texas · 1894
- Abney v. PopeTexas Supreme Court · 1879
- Mabry v. WardTexas Supreme Court · 1878
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