Blessing v. Edmonson

Citations

• 49 Tex. 333

Syllabus

<p>1. Approved.—Edmonson v. Blessing, 42 Tex., 596, approved. 2. Evidence—Recitals.—The recitals in an inventory made by an administrator are not evidence, in a subsequent controversy, to show the homestead character of the property.</p> <p>3. Homestead—Charge of court.—In a suit involving the existence of homestead rights, the court was asked to instruct the jury, in effect, that if the wife abandoned the husband voluntarily, left the State, and remained in another State with intention not to return, the husband might readopt a homestead without investing the wife with homestead rights; which was refused: Held, That there was no error, the evidence showing that the separation was a matter of mutual agreement.</p> <p>4. A judgment for defendant in trespass to try title, which in terms attempts to remove cloud from defendant’s title, will not, when the pleadings of defendant are purely defensive, operate to prevent the • plaintiff from maintaining his second suit.</p>