Baxter v. Dear
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. Reuben A. Reeves. This suit was brought by the appellant, against Tobias Eurr, and his wife, Sarah W. Furr, upon a promissory note for $1449, executed to him, by them, in part payment, as it was alleged, for two tracts of land, one of 110T acres, and the other of 153 acres, set out and described in the petition. Prayer for judgment for the amount due on the notes, and for a decree for the sale of the land.
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Appeal from Cherokee. Tried below before the Hon. Reuben A. Reeves. This suit was brought by the appellant, against Tobias Eurr, and his wife, Sarah W. Furr, upon a promissory note for $1449, executed to him, by them, in part payment, as it was alleged, for two tracts of land, one of 110T acres, and the other of 153 acres, set out and described in the petition. Prayer for judgment for the amount due on the notes, and for a decree for the sale of the land. The defendants answered by a general exception, and a general denial. Subsequently, the defendant, Tobias Furr, died, and his…
1Opinion of the CourtBell, J.
We are of opinion, that there is error in the judgment of the court below, for which it must be reversed.
The counsel for the appellee, Mrs. Sarah W. Furr, has argued, with great ingenuity and force, that inasmuch as the appellant, Baxter, was driven, after the death of Tobias Furr, to ask the interposition of the court, to revive the judgment in the case numbered 1124, the court, acting as a court of equity, might require the plaintiff in that cause, to consent to the revival of the judgment, upon such terms as would exempt the homestead of Mrs. Furr from the operation of the judgmént, after…
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