Milburn Wagon Co. v. Kennedy

GAINES, Associate Justice.

The appellant corporation brought this suit against appellee upon certain promissory notes, and sued out a writ of attachment and caused it to be levied upon a certain lot in the •city of Waxahaehie.

The defendant in his answer claimed that the lot levied upon was a part of his homestead, and contested the right of the plaintiff to subject it to the payment of its debt.

When the parties announced ready for trial the defendant admitted ’“the plaintiff’s cause of action in full,” and only denied that the lot in controversy was subject to forced sale. Upon the issue so…