Legal Opinion

E. B. and E. J. Jenkins v. Volz

Texas Supreme Court

Decided April 9, 1881No. Case No. 4059PublishedCited by 26 opinions

Appeal from Cooke. Tried below before the Hon. J. A. Carroll. C. Volz brought suit against J. W. Jenkins and John W. Biffle, to recover of them the sum of $1,669.80, alleged to be due him on two promissory notes executed to him by Jenkins and Biffle, and against E. B. and E. J. Jenkins, to foreclose a mortgage on three hundred and twelve acres of land, the same being an undivided interest in a tract of five hundred and twenty acres out of a six hundred and forty acre survey…

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Appeal from Cooke. Tried below before the Hon. J. A. Carroll. C. Volz brought suit against J. W. Jenkins and John W. Biffle, to recover of them the sum of $1,669.80, alleged to be due him on two promissory notes executed to him by Jenkins and Biffle, and against E. B. and E. J. Jenkins, to foreclose a mortgage on three hundred and twelve acres of land, the same being an undivided interest in a tract of five hundred and twenty acres out of a six hundred and forty acre survey in Cooke county, in the name of B. E. Shannon, which mortgage appellee alleged was executed to him byE. B. and E. J.…

1Opinion of the Court

Gould, Associate Justice.

The homestead of appellants was protected by the constitution, although established on land, in which they owned only an undivided interest, being joint owners, or tenants in common, with third parties. Clements v. Lacey, 51 Tex., 150.

Their plea setting up their homestead exemption to the extent of an undivided interest of two hundred acres, and stating facts showing their inability, before partition had, to designate their homestead boundaries, presented a valid defense, and was erroneously stricken out.

Even if appellants had been absolute owners of the entire tract…

2Cases cited1 opinion

  1. Clements v. LacyTexas Supreme Court · 1879

3Cited by26 opinions

  1. Massillon Engine & Thresher Co. v. BarrowTexas Commission of Appeals · 1921
  2. Ward v. WalkerCourt of Appeals of Texas · 1913
  3. Hill v. First National BankSupreme Court of Florida · 1917
  4. Tucker v. DodsonCourt of Appeals of Texas · 1922
  5. Johnson v. EcholsCourt of Appeals of Texas · 1929

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