Taylor v. Boulware
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. William W. Morris. Trespass to try title, brought by appellee against appellant, for a tract containing sixty-six and 58-100th acres, described as about three quarters of a mile north-east from the centre of the public square of the town of Marshall.
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Appeal from Harrison. Tried below before the Hon. William W. Morris. Trespass to try title, brought by appellee against appellant, for a tract containing sixty-six and 58-100th acres, described as about three quarters of a mile north-east from the centre of the public square of the town of Marshall. The plaintiff had purchased the land in controversy in 1848, and not finding a suitable building place upon it, purchased five or six acres adjoining, in the direction of the town. Here he built his dwelling house, and principal improvements ; but the horse lot, slaughter pen, corn crib, brick…
1Opinion of the CourtLipscomb, J.
From the statement of facts, there is no question that the whole of the land sued for in this case was, in 1848, the homestead of Boulware, the appellee in this Court and plaintiff in the Court below ; and it is equally clear that he never relinquished or abandoned it, but that it was his homestead at the time of the sale by the Sheriff, under which appellee became the purchaser and obtained possession. The death of the wife whilst it was his homestead, and his having no children, did not destroy its distinctive character of a homestead, he continuing to reside there with his slaves,…
2Cited by28 opinions
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- Hutchenrider v. SmithTexas Commission of Appeals · 1922
- Stanley v. SnyderSupreme Court of Arkansas · 1884
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