The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 49
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...homes," and "that plaintiff had no children by the said Heard." 2. That property not subject to administration can be recovered by suit in the District Court, by the party entitled to its possession. (Sossaman v. Powell, 21 Tex., 664; Little v. Birdwell, 21 Tex., 597.) 3. Plaintiff is not estopped by the will of her deceased husband from claiming the bonds in question as exempt property. An acceptance under the provisions of the will must be shown, in order to operate as a waiver of rights; and such an election could not be presumed until the estate was settled and ready for distribution. (Carroll v. Carroll, 20 Tex., 731; Philleo v. Holliday, 24 Tex., 38.) IV. Plaintilf is not estopped by the order of the Probate Court of October 28, 1874, setting apart certain exempt property, from claiming the pension bonds for which this suit is brought. (Dunham v. Chatham, 21 Tex., -231; Carroll v. Carroll, 20 Tex., 731; Little 2: . Birdwell, 21 Tex., 597; Philleo v. Holliday, 24 Tex., 38.) In connection with this proposition, is to be considered the admission in' the statement of facts, that no application t'or the order setting apart exempt property was made by plaintiff, but that said order setting apart exempt property was made by the court, at the instance of the defendants or of the probate judge. P. N. 9% J. T. Szvearingen, for appellees.-In answer to appellant's first proposition, "that the bonds issued under the act of April 21, 1874, are exempt from forced sale," we say that they are, by the express terms of the act, exempt from attachment, garnishment, and forced sale, only so long as they remain in the hands of the original owner. It was not the intent of the Legislature, in this special clause, to...
- 189 x 246 x 16mm | 535g
- 13 Sep 2013
- United States
- black & white illustrations