Champion v. Shumate
Texas Supreme Court
Error to Court of Civil Appeals, Fifth District, in an appeal from Grayson County. Shumate appealed from a judgment setting aside, in lieu of allowances to the family of deceased, the proceeds of a crop on which he held a landlord’s lien. The judgment being reversed and remanded, appellees obtained writ of error from the Supreme Court, on the ground that the ruling practically settled the pase.
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Error to Court of Civil Appeals, Fifth District, in an appeal from Grayson County. Shumate appealed from a judgment setting aside, in lieu of allowances to the family of deceased, the proceeds of a crop on which he held a landlord’s lien. The judgment being reversed and remanded, appellees obtained writ of error from the Supreme Court, on the ground that the ruling practically settled the pase. The opinion of the Court of Civil Appeals is here published as necessary to a proper understanding of this decision.
1Opinion
In this case the Court of Civil Appeals held that the landlord's statutory lien on the crop raised on the rented premises for the agreed money rent is, in an administration upon the insolvent tenant's estate consisting only of such crop, superior to the allowance in lieu of exempt property in favor of the minor children and unmarried daughter of deceased. (39 S.W. Rep., 128.) This court granted an application for writ of error made by said children and rendered judgment for defendant in error. (39 S.W. Rep., 362.) This is a motion for rehearing. It is the duty of the court at its first term…
2Cases cited2 opinions
- Kalsky v. StateCourt of Criminal Appeals of Texas · 1897
- Champion v. ShumateTexas Supreme Court · 1897