Thompson v. Jones
Texas Supreme Court
Error from Fannin. Tried below before the Hon. John C. Easton. Plaintiffs in error sued in trespass to try title to three hundred and twenty acres of land, claiming as the heirs of Thomas and Haney Jane Harrison, and by reason of their homestead rights, etc. The defendants claimed the land by and through a decree against Thomas and Francis Harrison, foreclosing a mortgage upon the land, and sheriff’s sale by virtue of that decree. The facts are disclosed in the opinion.
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Error from Fannin. Tried below before the Hon. John C. Easton. Plaintiffs in error sued in trespass to try title to three hundred and twenty acres of land, claiming as the heirs of Thomas and Haney Jane Harrison, and by reason of their homestead rights, etc. The defendants claimed the land by and through a decree against Thomas and Francis Harrison, foreclosing a mortgage upon the land, and sheriff’s sale by virtue of that decree. The facts are disclosed in the opinion. Verdict and judgment for the defendants.
1Opinion of the Court
Watts, J. Com. App.
From the evidence found in the record it appears that Thomas F. and Haney Jane Harrison were married in August, 1847. At that time Thomas and Francis Harrison owned the land in controversy as tenants in common. Immediately after their marriage Thomas commenced to improve it, and when he had completed a cabin he and his wife moved upon and occupied the land as their homestead, and continued to so occupy it until their respective deaths in 1850 and 1851.
Thomas and Francis Harrison executed a mortgage in March, 1848; the wife of Thomas did not join therein, and in May, 1848,…
2Cases cited1 opinion
- Campbell v. ElliottTexas Supreme Court · 1879
3Cited by6 opinions
- Thompson v. JonesTexas Supreme Court · 1890
- San Antonio Real Estate, Building & Loan Ass'n v. StewartCourt of Appeals of Texas · 1901
- Odum v. MenafeeCourt of Appeals of Texas · 1895
- Hunt v. Cass CountyCourt of Appeals of Texas · 1937
- Hunt v. Cass CountyCourt of Appeals of Texas · 1937
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