Watkins v. Sproull
Court of Appeals of Texas
Appeal from Maverick. Tried below before Hon. Walker Gillis. 1. The wife is a necessary party to the foreclosure of a lien upon her homestead, no matter whether it be in the form of a vendor’s lien or otherwise. Mexia v. Lewis, 21 S. W. Bep., 1016; 22 S. W. Bep., 397; Campbell v. Elliott, 52 Texas, 151. 2. It is not to be presumed that any man who wishes to purchase land honestly will buy without knowing what are the claims of a person in open possession of it.
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Appeal from Maverick. Tried below before Hon. Walker Gillis. 1. The wife is a necessary party to the foreclosure of a lien upon her homestead, no matter whether it be in the form of a vendor’s lien or otherwise. Mexia v. Lewis, 21 S. W. Bep., 1016; 22 S. W. Bep., 397; Campbell v. Elliott, 52 Texas, 151. 2. It is not to be presumed that any man who wishes to purchase land honestly will buy without knowing what are the claims of a person in open possession of it. And the fact of possession by Mrs. Watkins, the character of the possession, and the character of the suit instituted to foreclose…
1Opinion of the Court
FLY, Associate Justice.
Appellants are husband and wife, and brought an action of trespass to try title against appellees for a lot in the town of Eagle Pass. The case was tried without a jury, and judgment rendered for apiiellees. The facts are as follows: The land in controversy was in 1883 given by her half-brother to Mrs. Watkins, and in the same year appellants, by giving a valid builder’s lien on the lot, obtained material amounting to $3000 from the Eagle Pass Building and Loan Association, and put the same into improvements on the lot, which, when completed, were moved into, and became…
2Cases cited6 opinions
- Eylar v. EylarTexas Supreme Court · 1883
- Love v. BreedloveCourt of Appeals of Texas · 1890
- Hurt v. CooperTexas Supreme Court · 1885
- Coker v. RobertsTexas Supreme Court · 1888
- Lippencott v. YorkTexas Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bookhout v. McGeorgeCourt of Appeals of Texas · 1933
- Essex v. MitchellCourt of Appeals of Texas · 1915
- M. Kangerga & Bro. v. WillardCourt of Appeals of Texas · 1916
- English v. PlumleeCourt of Appeals of Texas · 1927
- Causey v. HandleyCourt of Appeals of Texas · 1906
8 more not listed; retrieve them via the Exa API.