Cox v. Harvey
Texas Commission of Appeals
Appeal from. Grayson. Tried below before the Hon. Joseph Bledsoe. This suit was instituted by Harvey to recover of Cox and Martin Bitz and wife lots 3 and á, in block 9, in the town of Whitesboro’. The petition sets out how the plaintiff acquired title. McLain & Bro. sued out an attachment against Wm.
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Appeal from. Grayson. Tried below before the Hon. Joseph Bledsoe. This suit was instituted by Harvey to recover of Cox and Martin Bitz and wife lots 3 and á, in block 9, in the town of Whitesboro’. The petition sets out how the plaintiff acquired title. McLain & Bro. sued out an attachment against Wm. Bitz in 1875, which was levied on the lots as Bitz’s property, and on 13th March, 1875, a judgment and foreclosure was recovered by McLain & Bro. against Bitz for §81.65 and costs. That in August, 1875, the lots were sold under the judgment and order of sale, and purchased by plaintiff for…
1Opinion of the CourtQuinan, J.
The charges of the judge to which the defendants except are these:
I. “ If you believe from the evidence that the defendants had another homestead elsewhere, at the date of the levy of the attachment mentioned, they could not claim the old one.”
While it may be admitted that abstractly this is a correct proposition of law, yet we are of opinion that in reference to the testimony in the case it was calculated to mislead the jury. There was no testimony whatever that Eitz had acquired another homestead; it was admitted that he had not, and the only effect that this instruction could have had was…
2Cases cited11 opinions
- Gouhenant v. CockrellTexas Supreme Court · 1857
- Cross v. EvertsTexas Supreme Court · 1866
- Shepherd v. CassidayTexas Supreme Court · 1857
- Earle v. ThomasTexas Supreme Court · 1855
- Allison v. ShillingTexas Supreme Court · 1864
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