Philleo v. Smalley
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. Reuben A. Reeves. This was an action of trespass to try title, brought on" the 27th of August, 1858, by the appellant against the appellee, for a town lot.
Read the full summary
Appeal from Cherokee. Tried below before the Hon. Reuben A. Reeves. This was an action of trespass to try title, brought on" the 27th of August, 1858, by the appellant against the appellee, for a town lot. The defendant pleaded the general issue; and that about the year 1850 or 1852, he became the owner of the lot sued for, and that since that time he had neither owned nor claimed any other tract or parcel of land, and had been, during that period, and was' yet, a citizen of the state; and in his capacity of grocery keeper, has occupied and enjoyed the house and lot for eight years, preceding…
1Opinion of the CourtBell, J.
We do not think it necessary, in this case, to decide, whether or not the execution law of 1839, so far as the same secures to every citizen, or head of a family, a homestead, is in force, since the adoption of the state constitution. The statute referred to, has been held by this court to be in force, so far as to exempt the personal property, named in the statute, from execution, whether the same belongs to single persons or not. The state constitution contains a distinct provision on the subject of homesteads; and it will be worthy of consideration, whenever the question is distinctly…
2Cited by7 opinions
- Drucker v. RosensteinSupreme Court of Florida · 1882
- Campbell v. AdairMississippi Supreme Court · 1871
- Alexander v. WilsonTexas Supreme Court · 1935
- Hale v. HeaslipSupreme Court of Iowa · 1864
- Garrett v. JonesSupreme Court of Alabama · 1891
2 more not listed; retrieve them via the Exa API.