Teague v. Burk

On Motion for Rehearing.

On motion for a rehearing appellants contend that we are in conflict with the case of Cobern v. Stevens, 167 S. W. 207, by this court, in holding appellants’ petition insufficient to afford recovery of the 43 acres as a part of their homestead because not described, except as being a part of the 150 acres sold. That suit was to foreclose an attachment lien on 335 acres of land, 200 acres of which were defendants’ homestead; The land had not been sold and the court could have directed the officer making the sale to first give defendants an opportunity to designate the…