Gardner v. Douglass
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Richard Maltbie. Suit was instituted by appellants, A. B. Gardner and wife, on the 5th day of November, 1883, in the district court of Grayson county, against appellees, E. G. Douglass, sheriff, and Marx & Kempner, to enjoin the sale of lot 20 in block 48, Denison, Texas, under execution issued from Galveston county, in favor of said Marx & Kempner against A. B. Gardner, on the ground that the property was the homestead of…
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Appeal from Grayson. Tried below before the Hon. Richard Maltbie. Suit was instituted by appellants, A. B. Gardner and wife, on the 5th day of November, 1883, in the district court of Grayson county, against appellees, E. G. Douglass, sheriff, and Marx & Kempner, to enjoin the sale of lot 20 in block 48, Denison, Texas, under execution issued from Galveston county, in favor of said Marx & Kempner against A. B. Gardner, on the ground that the property was the homestead of appellants; that it was purchased in part with the proceeds of the sale of a former homestead of Gardner and wife; and that…
1Opinion of the Court
Watts, J. Com. App.
With us an actual occupancy of the land is not, under all circumstances, an indispensable prerequisite in impressing upon it the homestead character.
But where there has been no previous occupation of the land as a homestead, then, to invest it with that quality, it has been held essential that there be an existing bona fide intention to dedicate the property as a homestead, and this intent must be accompanied with such acts of preparation and such prompt subsequent occupation as will amount to notice of the dedication, and thereby prevent this most valuable right from being…
2Cases cited7 opinions
- Franklin v. CoffeeTexas Supreme Court · 1857
- Brooks v. ChathamTexas Supreme Court · 1882
- Edwards v. FrySupreme Court of Kansas · 1872
- Barnes v. WhiteTexas Supreme Court · 1880
- Swope v. StantzenbergerTexas Supreme Court · 1883
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3Cited by52 opinions
- Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889
- Kendall Builders, Inc. v. Chesson, Texas Court of Appeals, 3rd District (Austin)2004
- Andrews Et Ux. v. SEC. Bank of W. F.Texas Supreme Court · 1932
- First Texas Joint Stock Land Bank of Houston v. ChapmanCourt of Appeals of Texas · 1932
- Carstens v. LandrumTexas Commission of Appeals · 1929
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