Chadwick v. Meredith
Texas Supreme Court
Appeal from Washington. Tried Below before the Hon. I. B. McFarland. Meredith owned three detached lots in Chappel Hill, bought at different times. On one he resided, on another was his drug store and office, the other at times was cultivated and sometimes in pasture. All were purchased before the present Constitution. Meredith had been adjudged a bankrupt, and designated two of the lots as his homestead, and they were set apart as such to him in the bankrupt proceedings.
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Appeal from Washington. Tried Below before the Hon. I. B. McFarland. Meredith owned three detached lots in Chappel Hill, bought at different times. On one he resided, on another was his drug store and office, the other at times was cultivated and sometimes in pasture. All were purchased before the present Constitution. Meredith had been adjudged a bankrupt, and designated two of the lots as his homestead, and they were set apart as such to him in the bankrupt proceedings. Subsequently, Chadwick recovered a judgment against Meredith in the District Court of Washington county, October 18, 1870,…
1Opinion of the CourtMcAdoo, J.
This case must necessarily be -reversed. The jury returned a verdict for the plaintiff in the court" below, in damages against the defendant for the wrongful levy of his execution on a piece of property, which the plaintiff claims to be a part of his homestead.
Let us see how this matter stands. The defendant, Chadwick, recovered a judgment against the plaintiff, Meredith, in October, 1870. Execution -was levied on property, not the residence, but detached — property which Meredith did not claim as homestead when adjudged a bankrupt a year or two before, which was not set aside to him as such.…
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- Carter v. RolandTexas Supreme Court · 1880
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