White v. Small
| Decision Date | 13 December 1899 |
| Parties | WHITE v. SMALL et al.<SMALL><SUP>1</SUP></SMALL> |
| Court | Texas Court of Appeals |
Appeal from district court, Bexar county; J. L. Camp, Judge.
Bill for partition of real estate by Mary Small and others against Laura White and others. From a decree for plaintiffs, defendant Laura White appeals. Affirmed.
George Powell, for appellant. Clark, Ball & Fuller, for appellees.
The facts in this case are not disputed. It is a suit to partition certain property owned in common, a part of which was the homestead of W. W. White and his wife, through whom all parties inherit the community property sought to be divided. After White's death the homestead continued to be occupied by Mrs. White and appellant, their daughter. After Mrs. White's death, appellant has continued to occupy the homestead. No debts were left by either of the parents, who died intestate, and no administration has been taken out upon either of their estates, and none could legally be had. Appellant is an unmarried female, and over 20 years of age. It appears that there are no minor children of either W. W. White or his wife. The conclusion and judgment of the court upon these facts were that appellant had no such right in the homestead as would enable her to prevent or defer partition in respect thereto.
Section 52 of article 16 of the constitution provides that upon the death of the husband or wife, or both, the homestead shall descend and rest in like manner as other real property of the deceased, and shall be governed by the same laws of descent and distribution; but it shall not be partitioned among the heirs of the deceased during the lifetime of the surviving wife or husband, or so long as the survivor may elect to use or occupy the same as a homestead, or so long as the guardian of the minor children of the deceased may be permitted, under the order of the proper court having the jurisdiction, to use or occupy the same. The legislature has placed no restriction upon the right to partition the homestead where the conditions are as shown by the facts in the case. On the contrary, it is enacted by article 2057, Rev. St., that "the homestead shall not be partitioned among the heirs of the deceased during the lifetime of the widow, or so long as she may elect to use or occupy the same as a homestead, or so long as the guardian of the minor children of the deceased may be permitted under the order of the proper court having the jurisdiction to use and occupy the same." This enactment is a...
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Gill v. Baird
...partition among the heirs, the only persons thus protected being the surviving husband or wife and the minor children. White v. Small, 22 Tex. Civ. App. 318, 54 S. W. 915 (writ refused); Sims v. Hixon (Tex. Sup.) 65 S. W. 35; Hudgins v. Sansom, 72 Tex. 229, 10 S. W. 104; Quintana v. Giraud ......
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Massey v. Citizens' Nat. Bank, 12295.
...of the family" and does not extend by its terms to an adult unmarried daughter after the death of both parents. See White v. Small, 22 Tex. Civ. App. 318, 54 S. W. 915, writ refused; First National Bank of Orange v. Sokolski, 62 Tex. Civ. App. 324, 131 S. W. 818; Ashe v. Yungst, 65 Tex. In ......
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Simms v. Hixon
...the homestead, upon the death of Mary Schubert, was subject to partition. Osborn v. Osborn, 76 Tex. 494, 13 S. W. 538; White v. Small (Tex. Civ. App.) 54 S. W. 915. The evidence shows that the 151-acre tract, at the time of the death of John Schubert, was incumbered with a mortgage lien for......
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Patton v. Byrd, 11889.
...other than the claims of the widow and the minor children, and so is the effect of the provisions of the Constitution. White v. Small, 22 Tex. Civ. App. 318, 54 S. W. 915 (writ of error refused); Quintana v. Giraud, supra; Gill v. Baird (Tex. Civ. App.) 32 S.W.(2d) 941. The judgment of the ......