Wright v. Straub
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. R. R. Gaines. On June 30, 1880, Wright brought this action of trespass to try title, against Straub, to recover the lot described in the petition. Straub answered by general demurrer, general denial, and not guilty. Upon the trial Wright relied upon titles. 1st. Derived through a sale of the lot by the collector of Lamar county for taxes, due upon that and other lands, assessed for the year 1876; sale made June 15, 1877. 2d.
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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. On June 30, 1880, Wright brought this action of trespass to try title, against Straub, to recover the lot described in the petition. Straub answered by general demurrer, general denial, and not guilty. Upon the trial Wright relied upon titles. 1st. Derived through a sale of the lot by the collector of Lamar county for taxes, due upon that and other lands, assessed for the year 1876; sale made June 15, 1877. 2d. Through a deed of trust from Matthieson to McDonald, dated June 23, 1875, and filed for record June 30, 1875. Straub, as…
1Opinion of the Court
Watts, J. Com. App.
Matthieson, a married man, and the head of a family, was, at the time the constitution took effect, April 18, 1876, occupying the lot in controversy as a place of business, and continued to so occupy it until the house was destroyed by fire, Sep*66tember, 1877. Therefore it became part of his homestead April 18, 1876, and so continued as long as he occupied it as a place to exercise his calling or business. Miller v. Menke, 56 Tex., 539.
During the time the lot was clothed with the homestead quality it was sold by the collector for the tax assessed against Matthieson, and also…
2Cases cited6 opinions
- Gunn v. BarrySupreme Court of the United States · 1873
- Miller v. Widow & Heirs of MenkeTexas Supreme Court · 1881
- Gage v. NeblettTexas Supreme Court · 1882
- Penn v. ClemansSupreme Court of Iowa · 1865
- Lufkin v. City of GalvestonTexas Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cline v. NibloTexas Supreme Court · 1928
- Van Ratcliff v. CallTexas Supreme Court · 1889
- Freiberg, Klein & Co. v. WalzemTexas Supreme Court · 1892
- Tompkins v. HookerCourt of Appeals of Texas · 1917
- Girardeau v. PerkinsCourt of Appeals of Texas · 1910
14 more not listed; retrieve them via the Exa API.