Legal Opinion

Burns v. Parker

Court of Appeals of Texas

Decided April 22, 1911PublishedCited by 8 opinions

Appeal from District Court, Dallas County ; J. C. Roberts, Judge. Action by Ernest L. Bnrns, by his guardian, against Jennie E. Parker and husband. From the judgment, plaintiff appeals.

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Appeal from District Court, Dallas County ; J. C. Roberts, Judge. Action by Ernest L. Bnrns, by his guardian, against Jennie E. Parker and husband. From the judgment, plaintiff appeals. This is an action in statutory form of trespass to try title; filed in the district court of Dallas county by Ernest L. Burns, a minor, per J. H. Burns, bis guardian, plaintiff and appellant, to recover of Jennie E. Parker and her husband, W. B. Parker, appellees, certain lots of land and the improvements thereon and the rents of same, situated in the city and county of Dallas, Tex. There was a trial before…

1Opinion of the CourtBookhout, J.

(after stating the facts as above).

[1] 1. The judgment as to the title to the land is correct.

[2] 2. We cannot, however, approve, of the judgment in reference to the improvements. Mrs. Nussbaumer, now Mrs. Parker, erected rent houses on the lots A, B, C, and D shown on the map to get an income to pay taxes, insurance, and the support of the family. She testified she had no intention of abandoning any part of the homestead by doing so. Since that time she has only occupied for homestead purposes that part, of the original homestead lying in the northeast corner of the same and fronting 100…

2Cases cited8 opinions

  1. Wynne v. HudsonTexas Supreme Court · 1886
  2. Clift v. CliftTexas Supreme Court · 1888
  3. Blackburn v. KnightTexas Supreme Court · 1891
  4. Robinson v. McDonald's WidowTexas Supreme Court · 1854
  5. Langston v. MaxeyTexas Supreme Court · 1889

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

3Cited by8 opinions

  1. Davis v. DavisCourt of Appeals of Texas · 1937
  2. Slaughter v. RoarkCourt of Appeals of Texas · 1951
  3. Phelps v. Thurber Brick Co.Court of Appeals of Texas · 1933
  4. Holloway v. HallCourt of Appeals of Texas · 1912
  5. Burns v. ParkerCourt of Appeals of Texas · 1913

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

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