Houston & Texas Central Railroad v. Knapp

Citations

• 51 Tex. 592

Syllabus

<p>1. Bight of action—Joint tenant.—The surviving wife lias such an estate in the homestead, being part of the community estate of herself and her deceased husband, as will enable her to maintain an action in her own name for its injury; and if the heirs of the deceased husband, who are not joined as plaintiffs, had also an interest in the land at the time of the injury, a party sued bjr her can only avail himself of that fact by plea in abatement, or by way of apportionment of damages.</p> <p>2. Bight of action.—Such surviving wife in possession of the homestead may maintain in her own name an action for the recovery of damages for injury to the land and crops growing thereon before she became the sole owner of the land by partition.</p> <p>3. Fact cases.—See opinion for circumstances under whicli the court will not reverse a judgment in favor of such surviving wife for the entire damage to the property sustained by such injury.</p> <p>4. Evidence.—A witness in a suit for damages caused by the overflow of land, stated, over objection, “that the land was worth $10, though overflowed, and that it would be worth $20 an acre if it did not overflow” : Held, That, fairly construed, this was but the testimony of the witness to the market value of the land, and admissible, though to some extent it was a matter of opinion.</p> <p>5. Parties—Evidence.—The fact that the court below improperly sustained an objection to a question which had before, without objection, been answered by the same witness, will not be cause for reversal.</p> <p>6. Practice—Evidence.—See statement of case for facts which will not authorize a reversal of the judgment on the ground that it was not supported by the evidence.</p>