Legal Opinion

Smith v. Chenault

Texas Supreme Court

Decided July 1, 1878PublishedCited by 30 opinions

Appeal from Jefferson. Tried below before the Hon. W. Chambers. In 1866, A. T. Chenault conveyed a tract of 160 acres of land, on which was an old mill, to E. M. Smith and Hugh F. Young. After the purchase, Smith and Young became partners in the lumber business, and erected on said tract the necessary mills and machinery for said business. In 1868 or 1869, E. M. Smith moved upon the land, and occupied it thereafter as a homestead.

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Appeal from Jefferson. Tried below before the Hon. W. Chambers. In 1866, A. T. Chenault conveyed a tract of 160 acres of land, on which was an old mill, to E. M. Smith and Hugh F. Young. After the purchase, Smith and Young became partners in the lumber business, and erected on said tract the necessary mills and machinery for said business. In 1868 or 1869, E. M. Smith moved upon the land, and occupied it thereafter as a homestead. May 2, 1870, a judgment was rendered in the District Court of Orange county, a copy of which is as follows : “ A. T. Chenault & Co. v. Smith & Young. No. 239. May…

1Opinion of the Court

Moore, Associate Justice.

This suit was brought by A. T. Chenault, appellee’s intestate, against Elial M. Smith and his wife, Harriet E. Smith, the appellants Hugh F. Young, J. 0. Smith, S. R. Smith, and William H. Black, for the recovery of an undivided half of a tract of 160 acres of land, known as the Empire Mill tract, with the improvements thereon, consisting of houses, mill-houses, a steam saw-mill, two boilers, one engine, one shingle-machine mill and fixtures, levied upon and sold as the property of the defendant Young, under execution on a judgment against the firm of Smith & Young;…

2Cases cited3 opinions

  1. Wolf v. FleischackerCalifornia Supreme Court · 1855
  2. West v. WardWisconsin Supreme Court · 1870
  3. Smith v. DeschaumesTexas Supreme Court · 1873

3Cited by30 opinions

  1. Lone Star Cement Corporation v. FairTexas Supreme Court · 1971
  2. Fitch v. BoyerTexas Supreme Court · 1879
  3. Cooke v. AverySupreme Court of the United States · 1893
  4. State v. HaneySupreme Court of Missouri · 1955
  5. State ex rel. Gracy v. Bank of NeoshoSupreme Court of Missouri · 1894

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