Burns v. Jones
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. I. B. McFarland. The citation was served by the town constable of the town of La Grange, and the defendants, Burns and wife, moved to quash the return, insisting that the officer was not a “ constable “ of the county.” The overruling of this motion was reserved, .and assigned as error.
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Appeal from Fayette. Tried below before the Hon. I. B. McFarland. The citation was served by the town constable of the town of La Grange, and the defendants, Burns and wife, moved to quash the return, insisting that the officer was not a “ constable “ of the county.” The overruling of this motion was reserved, .and assigned as error. The action was trespass to try title to certain improved lots -in the town of La Grange, which had been the homestead of ■S- H. Doxey and his wife, whose heirs, the appellees, were plaintiffs in the case. The defense was that Mrs. Burns had purchased the property…
1Opinion of the CourtWalker, J.
The first assignment of error is not well taken. Service by any constable residing within the limits of the county, though he be elected or appointed to serve within a city, town, or village, is a sufficient compliance with the statute. But we not notice the assignments in their order.
The second assignment covers the ground on which the case must be decided. The plea in bar was a good defense to the action. At the death of S. H. Doxey and wife, who appear to have died almost contemporaneously, the character and attributes of a homestead ceased to attach to the property in question, as no…
2Cases cited2 opinions
- Sossaman v. PowellTexas Supreme Court · 1858
- Hoffman v. NeuhausTexas Supreme Court · 1868
3Cited by3 opinions
- Robinson v. SchmidtTexas Supreme Court · 1877
- Kay v. ThompsonCourt of Appeals of Texas · 1931
- Holland v. SwilleyCourt of Appeals of Texas · 1925