Thomas v. Williams
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon. Green J. Clark. December 1, 1876, Williams & Bonner brought an action of trespass to try title for one hundred acres of land in Hopkins county against H. Q. Thomas. The defendant pleaded not guilty. Both parties claimed under the same title. Williams & Bonner claimed under a sale made April 7, 1874, under a trust deed made for their benefit, and to secure them a loan of $500 made to W. T. Prather.
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Appeal from Hopkins. Tried below before the Hon. Green J. Clark. December 1, 1876, Williams & Bonner brought an action of trespass to try title for one hundred acres of land in Hopkins county against H. Q. Thomas. The defendant pleaded not guilty. Both parties claimed under the same title. Williams & Bonner claimed under a sale made April 7, 1874, under a trust deed made for their benefit, and to secure them a loan of $500 made to W. T. Prather. The trust deed was made by Prather alone, representing, at the time he obtained the money, that the land was not his homestead, and that he resided…
1Opinion of the Court
Moore, Chief Justice.
Without a radical departure from what has been hitherto regarded as settled law, by an almost unbroken line of decisions of this court, it cannot be insisted that the mere removal of Prather and wife from the land in controversy to Sulphur Springs operated ipso facto an abandonment of it as their homestead, so as subject it to alienation or incumbrance by the husband without the consent of the wife at the date of the trust deed given by Prather to > *274appellees. (Shepherd v. Cassiday, 20 Tex., 25; Gouhenant v. Cockrell, 20 Tex., 96; Franklin v. Coffee, 18 Tex., 413;…
2Cases cited5 opinions
- Franklin v. CoffeeTexas Supreme Court · 1857
- Gouhenant v. CockrellTexas Supreme Court · 1857
- Woolfolk v. RickettsTexas Supreme Court · 1877
- Woolfolk v. RicketsTexas Supreme Court · 1874
- Eckhardt v. SchlechtTexas Supreme Court · 1867
3Cited by26 opinions
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- Chalk v. DaggettTexas Commission of Appeals · 1924
- Parker v. SchrimsherCourt of Appeals of Texas · 1914
- Ross v. McGowenTexas Supreme Court · 1883
- Bogart v. Cowboy State Bank & Trust Co.Court of Appeals of Texas · 1915
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