Newton v. Calhoun
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. A. S. Walker. In May, 1885, one Emanuel recovered judgment against W. W. Calhoun and wife for a debt on account of groceries sold to them, and took judgment by default for thirty dollars and sixty-five cents. Execution was issued and levied on lot number five, block number one hundred and sixty-six, in the city of Austin, which was sold under execution on the fourth day of August, 1885, to Newton, appellant, for thirty dollars.
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Appeal from Travis. Tried below before the Hon. A. S. Walker. In May, 1885, one Emanuel recovered judgment against W. W. Calhoun and wife for a debt on account of groceries sold to them, and took judgment by default for thirty dollars and sixty-five cents. Execution was issued and levied on lot number five, block number one hundred and sixty-six, in the city of Austin, which was sold under execution on the fourth day of August, 1885, to Newton, appellant, for thirty dollars. Newton took a deed from the sheriff, and brought this suit against Calhoun and wife and others in trespass to try…
1Opinion of the Court
Stayton, Associate Justice.
That the property in controversy was the homestead of the appellees for many years prior to the time they improved the lot on which the house stands in which they actually resided at the time this case was tried, can not be denied, for with their family they actually lived in the house and used the lot and those contiguous to it for the purposes of a home.
It was a question of fact for the determination of the court below whether the use which the appellees had made of lot five since they have actually resided on lot seven, was such as- to clearly indicate an…
2Cited by19 opinions
- Kendall Builders, Inc. v. Chesson, Texas Court of Appeals, 3rd District (Austin)2004
- Ullmann, Lewis & Co. v. JasperTexas Supreme Court · 1888
- Elliott v. BondSupreme Court of Oklahoma · 1918
- Rollins v. O'FarrelTexas Supreme Court · 1890
- Farmers' State Bank of Quanah v. FarmerCourt of Appeals of Texas · 1913
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