Beard v. Blum
Texas Supreme Court
Appeal from Fannin. Tried below before the Hon. R. R. Gaines. On the 25th of February, 1884, appellee H. Blum brought a suit of trespass to try title against J. 0. McDonald, John T. Booth and appellant W. T. Beard to recover a house and lot. McDonald and Booth disclaimed and were dismissed from the suit. Beard filed.a general demurrer, plea of not guilty, and pleaded the statutes of limitation of three and five years.
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Appeal from Fannin. Tried below before the Hon. R. R. Gaines. On the 25th of February, 1884, appellee H. Blum brought a suit of trespass to try title against J. 0. McDonald, John T. Booth and appellant W. T. Beard to recover a house and lot. McDonald and Booth disclaimed and were dismissed from the suit. Beard filed.a general demurrer, plea of not guilty, and pleaded the statutes of limitation of three and five years. September 10, 1884, judgment was rendered for plaintiff by the court, without the intervention of a jury, decreeing to plaintiff the property. The property in controversy, on…
1Opinion of the Court
Stayton, Associate Justice.
It is admitted that the property in controversy belonged to McDonald on November 9, 1878; and it cannot be denied that it was then, and continued to be, his homestead until after the purchase of the property by Blum under the judgment rendered in the attachment suit in favor of L. & H. Blum on March 29, 1882, if the conveyance made by McDonald to Booth was upon secret trust that the latter would hold the property for the former; for the homestead right would attach, or rather continue in McDonald, if such was the character of the holding of Booth under the deed made…
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