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: 121
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1875.] HUGHES V. ROPER. 121
Statement of the case.
year, and as he was his own doctor, his doctor's bill was
not more than $50 per year; that from the death of his
first wife until emancipation was about twelve years; that
proceeds of the slaves and plantation was invested by him
in lands and slaves, and he considered that it was purchased
mostly with the proceeds of his first wife's separate
and community estate, though there had been no
partition; that when his first wife died, he did not owe a
dollar; that he never was in debt; that he did not separate
his second community from the other property, but
kept it all together; that he maintained and educated his
children, and gave W. P. Hughes and Reece Hughes, jr.,
a good education, sending the younger off several years
to college, and that he made no charge against them, and
never expected or intended to, but he made no settlement
with them until by the deed in controversy; that the aggregate
proceeds of his first wife's property and one-half of his
first wife's community was worth about $6,000 a year,
but during the four years of the war it was worth a much
less amount; that he had made no advance to his children,
except a trifling amount from time to time, not
taken into account; that his second wife died in 1868, and
that he considered his transfer of his property to his sons
in good faith; that all the lands levied upon, except 640
acres of his own head-right and about 4,000 acres of the
Burleson league, was purchased after his second marriage.
Defendants read in evidence petition and exhibits in the
case of Roper v. Recce Ilughes, sen., as pleaded; the
judgment rendered in said case; contracts between Roper
and Hughes, basis of the action of Roper v. Hughes.
The verdict was: " We, the jury, find a verdict for the
defendants; also subject the property of Reece Hughes,
senior; also the community property of the second coverture
for the said defendant's debt."
Upon this verdict, judgment was rendered. Motion for
new trial was overruled, and plaintiffs appealed.
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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/m1/129/: accessed May 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .