Legal Opinion

Parker v. G. Y. Coop.

Texas Supreme Court

Decided June 29, 1883No. Case No. 4876PublishedCited by 85 opinions

Appeal from Coryell, Tried below before the Hon. T. L. Nugent. Suit by G. Y. Coop against F. F. Parker upon two promissory notes. An attachment was issued and levied on one thousand six hundred and forty-five acres of land as the property of defendant.

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Appeal from Coryell, Tried below before the Hon. T. L. Nugent. Suit by G. Y. Coop against F. F. Parker upon two promissory notes. An attachment was issued and levied on one thousand six hundred and forty-five acres of land as the property of defendant. Defendant F. F. Parker filed his answer, in which he averred that' at the time of the issuance and levy of the attachment he was a married man, and the head of a family; that he with his family at that time lived and resided upon apart of the one thousand six hundred and forty-five acres, and set up his homestead rights in and to two hundred…

1Opinion of the Court

Stayton, Associate Justice.

The fact that the homestead was not designated before the levy of the attachment furnishes no ground for setting the levy aside. The judgment protects the homestead claim and gives the appellants the right to designate it in the manner that the law permits such designation to be made. This furnishes to the appellants full protection in so far as the homestead is concerned.

The record evidences that the land levied upon was acquired by exchange for two other tracts of land, one of which was the separate property of the wife and the other community property.

The deed to…

2Cases cited8 opinions

  1. Grace v. Wade & MainsTexas Supreme Court · 1876
  2. Blankenship v. DouglasTexas Supreme Court · 1862
  3. Smith v. StrahanTexas Supreme Court · 1856
  4. Wallace & Co. v. CampbellTexas Supreme Court · 1880
  5. French v. StrumbergTexas Supreme Court · 1879

3 more not listed; retrieve them via the Exa API.

3Cited by85 opinions

  1. McKamey v. ThorpTexas Supreme Court · 1884
  2. Gardner v. RundellTexas Supreme Court · 1888
  3. Gleich v. BongioTexas Supreme Court · 1937
  4. Johnson v. DarrTexas Supreme Court · 1925
  5. Blum v. RogersTexas Supreme Court · 1888

80 more not listed; retrieve them via the Exa API.

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