Duke v. Reed
Texas Supreme Court
Appeal from Caldwell. Tried below before the Hon. L. W. Moore. On the 26th day of March, 1880, the plaintiffs, E. R. Reed and Margaret A. Burleson, joined by their husbands, under leave of the court, filed their second amended original petition, in which Robert H. Reed joined them; they reiterated their allegations that they and Martha A. Duke, wife of appellant, were the sole heirs-at-law of Robert Dorn and his wife, Mary Dorn; they alleged the death of Robert and Mary H.…
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Appeal from Caldwell. Tried below before the Hon. L. W. Moore. On the 26th day of March, 1880, the plaintiffs, E. R. Reed and Margaret A. Burleson, joined by their husbands, under leave of the court, filed their second amended original petition, in which Robert H. Reed joined them; they reiterated their allegations that they and Martha A. Duke, wife of appellant, were the sole heirs-at-law of Robert Dorn and his wife, Mary Dorn; they alleged the death of Robert and Mary H. Dorn, the ownership of Robert Dorn in his own separate right of two hundred acres of land out of the Seals league as a…
1Opinion of the Court
Willie, Chief Justice. We think there was enough in the evidence to justify the court below in finding that Mrs. Dorn wilfully *713abandoned her husband. The plaintiffs’ witnesses proved that Robert Dorn and his wife lived unhappily together in the state of Mississippi before removing to Texas; that whilst he was kind and affectionate to her, she was cruel, harsh and inhuman in her treatment of him, and that this caused a separation between them in that state. This separation was brought about by her leaving her husband, and not by his abandoning her. He came to Texas without her, and she did not…
2Cases cited7 opinions
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