Legal Opinion

Mullins v. Looke

Court of Appeals of Texas

Decided September 26, 1894No. 1303PublishedCited by 8 opinions

Appeal from Tarrant. Tried below before Hon. R. E. Beckham. 1. The court erred in not permitting plaintiff to file a trial amendment to bis pleadings, and in not permitting plaintiff to withdraw bis announcement of ready for trial, on tbe ground of surprise. 2. When one who is the head of a family purchases improved property for a homestead, which said property is at the time of the purchase subject to an unexpired lease, and the purchaser, acting in good faith and within a…

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Appeal from Tarrant. Tried below before Hon. R. E. Beckham. 1. The court erred in not permitting plaintiff to file a trial amendment to bis pleadings, and in not permitting plaintiff to withdraw bis announcement of ready for trial, on tbe ground of surprise. 2. When one who is the head of a family purchases improved property for a homestead, which said property is at the time of the purchase subject to an unexpired lease, and the purchaser, acting in good faith and within a reasonable time afterwards, takes possession of the property as soon as the lease expires, and thereafter occupies the…

1Opinion of the Court

HEAD, Associate Justice.

On January 13, 1890, B. C. Wells purchased a lot in the city of Fort Worth, upon which was a residence, and which at that time was occupied by a tenant under a lease which did not expire until March, 1891. At the time of this purchase ' Wells had a wife, but no children. There was, however, living with him an orphan boy named Claude Walker, whom he had taken to raise upon the death of his parents sometime previously, the exact date not given. On the 26th of October thereafter Mrs. Wells died, never having lived upon the lot purchased as aforesaid. The record is silent…

2Cases cited8 opinions

  1. Archibald v. JacobsTexas Supreme Court · 1887
  2. Roco v. GreenTexas Supreme Court · 1878
  3. Eckford v. KnoxTexas Supreme Court · 1886
  4. Taylor v. DeseveTexas Supreme Court · 1891
  5. Lane v. PhilipsTexas Supreme Court · 1887

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

3Cited by8 opinions

  1. Vaughn v. VaughnCourt of Appeals of Texas · 1955
  2. Chesnut v. SpechtCourt of Appeals of Texas · 1925
  3. Whitfield v. People's Union Bank & Trust Co.Tennessee Supreme Court · 1934
  4. Elliott v. Texas, Pacific Coal & Oil Co.Court of Appeals of Texas · 1929
  5. Glenn v. Panhandle Const. Co.Court of Appeals of Texas · 1937

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