Kessler v. Draub
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Everett Lewis. in trespass to try title, brought by Charles Kessler, in May, 1875, to recover of Daniel Draub et al. a lot and two store-houses in the town of Eagle Lake, Colorado county, Texas, and for damages. The defendant Draub answered disclaiming any interest in the lot or in the houses.
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Appeal from Colorado. Tried below before the Hon. Everett Lewis. in trespass to try title, brought by Charles Kessler, in May, 1875, to recover of Daniel Draub et al. a lot and two store-houses in the town of Eagle Lake, Colorado county, Texas, and for damages. The defendant Draub answered disclaiming any interest in the lot or in the houses. The defendants Preston Stockbridge, Annie E. Stockbridge, his wife, and Otto Draub answered by a general demurrer and general denial, and specially, that the lot and improvements were the homestead of Daniel Draub and his wife, Elizabeth Draub, who died…
1Opinion of the Court
Gould, Associate Justice.
After the death of his wife, in 1867, Daniel Draub, with two children of that marriage, continued to occupy the same homestead, it being community property. His son become of age and lived elsewhere, and in 1873 his daughter married and ceased to live with him.. In 1874 Kessler recovered a judgment against him, under which he levied on the late homestead, and having bought it in, brought this suit to recover possession.
The question presented is, whether Daniel Draub, continuing to occupy the same place as his residence, but having with him no family other than at…
2Cases cited1 opinion
- Wood v. WheelerTexas Supreme Court · 1851
3Cited by13 opinions
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- Hutchenrider v. SmithTexas Commission of Appeals · 1922
- Hoefling v. HoeflingTexas Supreme Court · 1914
- Watkins v. DavisTexas Supreme Court · 1884
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