Scheuber v. Ballow
Texas Supreme Court
Appeal from Wichita. Tried below before the Hon. B. F. Williams. This suit was brought by appellants to recover a certain lot in the town of Wichita Falls, together with rents at the rate of $125 per month from the 6th day of April, 1884, which they averred to be the rental value of the premises. At the August term, 1884, defendant W. H. Ballow filed a plea of not guilty, and the other defendants filed a disclaimer.
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Appeal from Wichita. Tried below before the Hon. B. F. Williams. This suit was brought by appellants to recover a certain lot in the town of Wichita Falls, together with rents at the rate of $125 per month from the 6th day of April, 1884, which they averred to be the rental value of the premises. At the August term, 1884, defendant W. H. Ballow filed a plea of not guilty, and the other defendants filed a disclaimer. A jury being waived, the cause was submitted to the court, who rendered judgment for the defendants. The evidence showed that the property was worth from $2,000 to $3,000, and the…
1Opinion of the Court
Delany, J. Com. App.
The first assignment of error cannot be maintained. It was perfectly competent for the defendant to show that, before purchasing, he had taken the advice of counsel as to the validity of the title which he was about to purchase.
Appellants appear to admit that, if David Ballow had sold to appellee on the day of the assignment, he would have conveyed a good title. This assumes that the property is to be regarded as the homestead of David Ballow, and not subject to execution, at the time when he ceased to do business. The circumstances relied on as an abandonment are these:…
2Cases cited1 opinion
- Shryock & Rowland v. LatimerTexas Supreme Court · 1882
3Cited by10 opinions
- Ratliff v. SmithCourt of Appeals of Texas · 1943
- Orr v. WallaceCourt of Appeals of Texas · 1926
- Staten v. HarrisCourt of Appeals of Texas · 1922
- Gassoway v. WhiteTexas Supreme Court · 1888
- Randleman v. CargileCourt of Appeals of Texas · 1914
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