Mabry v. Kennedy

McMEANS, Associate Justice.

— This suit was instituted by-appellants, Gilfred Mabry and his wife, Ellen, against appellee, Mrs. Lizzie Kennedy, to remove, as a cloud upon their’title to lots 5 and 6, block 9, of the T. T. Hailey addition to the city Of Houston, a deed executed by the appellant Gilfred Mabry and one Georgia Lenzy conveying said lots to appellee. Appellants alleged that at the time of and prior to the execution of the deed the lots in question were the community property of appellants and constituted their homestead, and that appellant Ellen Mabry did not join in the execution…