Brown v. McLennan
Texas Supreme Court
Error from Falls. Tried below before the Hon. L. G. Alexander. Brown & Scott brought this action of trespass to try title against McLennan, May 14, 1874, claiming the land by and through a judgment, orders of sale and constable’s deed. The judgments were respectively in favor of Brown & Scott, against Z. I. Morrell, obtained before a justice of the peace on service by judicial attachment.
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Error from Falls. Tried below before the Hon. L. G. Alexander. Brown & Scott brought this action of trespass to try title against McLennan, May 14, 1874, claiming the land by and through a judgment, orders of sale and constable’s deed. The judgments were respectively in favor of Brown & Scott, against Z. I. Morrell, obtained before a justice of the peace on service by judicial attachment. Morrell made himself party defendant as the landlord of McLennan, and, among other things, asserted that he only owned an undivided interest of one-third in the three hundred acre tract, and claimed the same…
1Opinion of the Court
Watts, J. Com. App.
Admitting that the tract of land about which this controversy arose contained three hundred acres, still it appears that appellant Morrell only owned an undivided one-third interest in the tract. He claimed, and the court found, that his entire interest in the tract was his homestead, and had become such prior to the accrual of appellants’ asserted rights.
That Morrell and family had a homestead on the land is not seriously contested, but is in fact tacitly admitted. Appellants, however, contend that the homestead was limited to his interest .in two hundred acres of the…
2Cases cited1 opinion
- Clements v. LacyTexas Supreme Court · 1879
3Cited by15 opinions
- Massillon Engine & Thresher Co. v. BarrowTexas Commission of Appeals · 1921
- Young v. HollingsworthCourt of Appeals of Texas · 1929
- Crow v. First Nat. Bank of WhitneyCourt of Appeals of Texas · 1933
- Gordon-Sewall & Co. v. WalkerCourt of Appeals of Texas · 1924
- W. R. Thompson & Sons Lumber Co. v. CliftonTexas Supreme Court · 1939
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