Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 119
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1875.] HUGHES v. ROPER. 119
Statement of the case.
died in 1853, leaving no debts and an estate in lands of
'150,000, one hundred slaves, and $30,000 in gold, besides
a large amount of farm stock and supplies; that the hire
of the negro slaves until emancipation, and the gold on
hand, had been appropriated by Recce Hughes, sen.; that
the lands had been bought with the separate means of their
mother, and that the said heirs of their mother had a just
claim to her community interest in the community property
owned at her death, part of which was levied on, and
to the half of the gold, and to the hire of the slaves, and
half of the rents; that to satisfy such debts, Reece Iughes,
sen., had conveyed his interest in said lands; that the three
younger children-Bettie, Mary, and Bell. F. Iugheswere
not so much interested, save by the gift of W. P. and
Reece Hughes, jun.; that the second coverture of Reece
Hughes began in the fall of 1853 and ended in 1869, and
that some of the lands levied on were of the community of
the second marriage, but that it was subject to the prior
equity of the children of the first marriage; that the equitable
interest in said lands in plaintiffs and Iowell R.
Reece, children of the first marriage, was prior to the existence
of Roper's claim, upon which judgment was had;
that the levy was excessive, and made upon improved
lands, when unimproved and wild lands ample in value
existed belonging to plaintiffs, and that the levy included
the homestead of plaintiff, W. P. Hughes; that Rloper had
full notice of their rights before he caused the levy to be
made; that a sale would encumber the title of plaintiffs
and of the minors, and' result in great and expensive litigation
and in irreparable damage, &c.
Roper rejoined that the debt, matured into judgment,
was incurred by Reece Hughes, sen., for necessary supplies
for and about the farms and business of the community estate
under the control of said Reece Hughes, sen., and that
the property of said community was liable to him, Roper.
As to the charge that the levy was excessive, he replied
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/127/: accessed August 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .