J. B. Watkins Land & Mortgage Co. v. Abbott

COLLARD, Associate Justice.

This suit was brought by appellees, W. S. Abbott and his wife, against the appellants, March 1, 1893, to cancel a deed to land executed by the United States Marshal under sale made by virtue of an execution issued out of the Federal District Court for the Northern District of Texas on a judgment therein rendered in favor of J. B. Watkins against W. S. Abbott. Plaintiffs below claimed that the land levied on and sold was a part of their homestead at the time, and was not subject to sale under execution.

The question is, was the land sold the homestead of Abbott and…