Lane v. Philips

Stayton, Associate Justice.

This is an action of trespass to try title, which was instituted by the appellant, and tried without a jury. It appears, from the conclusions of fact filed, that the appellant was the owner of the land, and that a judgment was obtained against him on which an execution issued, and this was levied on the land in controversy, which was subsequently sold, and at that sale the appellee became the purchaser. Those proceedings were found to be regular and sufficient to pass title to the appellee, unless the property was the home*241gtead of the appellant at the time of the…