Washington v. City of Houston

On Motion for Rehearing.

The motion of plaintiffs in error for rehearing has convinced this court that its af-firmance of this cause on original consideration was error; that action upon the specific question determined was based alone upon the holding in Stephenson v. Marsalis, II Tex. Civ. App. 162, 33 S. W. 383, and is now determined not to have been properly supported either by that decision or its own facts, for these’ reasons:(1) As is pointed out in Speer’s “Law of Marital Rights in Texas” (3d Ed.)- § 278,’ the children or heirs in that instance had recelv-*522ed by judgment of tbe probate…