Western Mortg. & Inv. Co. v. Burford
Court of Appeals for the Fifth Circuit
Appeal from the Circuit Court of the United States for the Northern District of Texas. The appellant, as complainant below, instituted this suit against John W. Burford and wife, Matilda F. Burford, on their joint note, payable to the order of complainant, for 814,000, loaned to them by complainant, and interest thereon at 10 per cent, per annum from December 10, 1889, and 10 per cent, attorney’s fees.
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Appeal from the Circuit Court of the United States for the Northern District of Texas. The appellant, as complainant below, instituted this suit against John W. Burford and wife, Matilda F. Burford, on their joint note, payable to the order of complainant, for 814,000, loaned to them by complainant, and interest thereon at 10 per cent, per annum from December 10, 1889, and 10 per cent, attorney’s fees. The bill prayed for a judgment for the amount of the note, principal, interest, and attorney's fees, and for a foreclosure of a deed of trust lien executed by respondents Burford and wife, to…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts). The constitution of the state of Texas (article 16, § 51) provides:
“The ‘homestead’ of a family, not in a town or city, shall consist of not more than two hundred acres of land, which may be in one or more parcels, with the improvements thereon; the homestead in a city, town or village, consisting of a lot or lots, not to exceed in value five thousand dollars at the time of their designation as the homestead, without reference to the value of any improvements thereon; provided, that the same shall be used for the purposes of a home, or as a place to exercise the…
2Cases cited7 opinions
- Texas Land & Loan Co. v. BlalockTexas Supreme Court · 1890
- Equitable Mortgage Co. v. NortonTexas Supreme Court · 1888
- Houston & Great Northern R. R. v. WinterTexas Supreme Court · 1876
- Barnes v. WhiteTexas Supreme Court · 1880
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Watkins v. LittleCourt of Appeals for the Fifth Circuit · 1897