Pierce v. Fort
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. R. R. Gaines. J. M. Ford brought suit against appellant in the district court of Lamar county, on the 12th day of October, 1876, for the recovery of four tracts of land described in the petition, and for possession, and also caused to be issued a writ of sequestration, which was levied on the lands in controversy.
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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. J. M. Ford brought suit against appellant in the district court of Lamar county, on the 12th day of October, 1876, for the recovery of four tracts of land described in the petition, and for possession, and also caused to be issued a writ of sequestration, which was levied on the lands in controversy. The value of the lands was alleged in the petition to be $2,500. The defendant failing to replevy the lands within the time prescribed by law, the plaintiff, J. M. Fort, on the 26th day of October, 1876, gave a replevy bond, and the…
1Opinion of the Court
Delany, J. Com. App.
The plaintiff sued for and sequestered four tracts of land. The defendant surrenders two of these tracts, and asserts her right to the remaining two, comprising one hundred and thirty-four acres, which she claims as having been the homestead of herself and her deceased husband, and as being still the homestead of herself and her minor children.
As the plaintiff and his immediate vendor, Matthiessen, bought with notice of this claim of the defendant, they stand in the position which their vendor, Wright, would have occupied, had he been plaintiff.
The matter to be determined,…
2Cases cited3 opinions
- Peters v. ClementsTexas Supreme Court · 1876
- Miller v. ThatcherTexas Supreme Court · 1853
- Baker v. ClepperTexas Supreme Court · 1863
3Cited by28 opinions
- Coker v. RobertsTexas Supreme Court · 1888
- Miller v. YturriaTexas Supreme Court · 1888
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- Webb v. BurneyTexas Supreme Court · 1888
- Hall v. HallCourt of Appeals of Texas · 1917
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