Fort v. Powell
Texas Supreme Court
Appeal from Ellis. Tried below before the Hon. George FT. Aldredge. F. P. Powell sued appellant in' trespass to try title October 26, 1878, to recover the land described in the petition, which is a house and lot in the town of Waxahachie, claiming the same by and through a judgment against appellant in favor of Dur & Co., and an execution issued by virtue' thereof, sheriff’s sale and deed to appellee.
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Appeal from Ellis. Tried below before the Hon. George FT. Aldredge. F. P. Powell sued appellant in' trespass to try title October 26, 1878, to recover the land described in the petition, which is a house and lot in the town of Waxahachie, claiming the same by and through a judgment against appellant in favor of Dur & Co., and an execution issued by virtue' thereof, sheriff’s sale and deed to appellee. Appellant claimed the same as his homestead, and that his right thereto was unaffected by such sheriff’s sale. The case was f tried without a jury, and a judgment rendered for appellee. It was…
1Opinion of the Court
Watts, J. Com. App.—
It appears that appellant had owned the property for about eight years at the time it was sold by the sheriff, and during that time he is shown to have been upon the premises' with his family about three days only. For a considerable part of that time, it appears that he resided upon the farm belonging to his second wife, but claims that he intended to make the property in controversy his permanent home in the event that he did not sell it. And it appears that, during the time he was residing on the farm with his family, he was offering the property in controversy for…
2Cited by8 opinions
- Gardner v. DouglassTexas Supreme Court · 1885
- In Re MitchellUnited States Bankruptcy Court, W.D. Texas · 1991
- Mutual Building & Investment Co. v. EfrosOhio Supreme Court · 1949
- Cobb v. CollinsCourt of Appeals of Texas · 1908
- First Nat. Bank of Paris v. WallaceCourt of Appeals of Texas · 1928
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