Marsan v. French
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. The petition of French alleged that appellee was the owner of lot Ho. 2, in block 384, in Galveston, and said lot was his homestead and had been his homestead, on which he and his family resided since 1873; that after appellee had purchased the lot and established his homestead on it, appellant bought lot Ho. 1, adjoining appellee’s lot on the west; that soon after his purchase, appellant erected on that lot…
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. The petition of French alleged that appellee was the owner of lot Ho. 2, in block 384, in Galveston, and said lot was his homestead and had been his homestead, on which he and his family resided since 1873; that after appellee had purchased the lot and established his homestead on it, appellant bought lot Ho. 1, adjoining appellee’s lot on the west; that soon after his purchase, appellant erected on that lot three houses, all built close to each other, without yard room, and in close proximity to appellee’s homestead; that…
1Opinion of the Court
Stayton, Associate Justice.—
There are sixteen assignments of error, of which only one is presented in brief of counsel.
This action was brought to recover damages from the appellant for permitting certain houses which he owned, contiguous to the house owned and occupied by the appellee as a home for his family, to be used as places of prostitution, by which he alleged his property was diminished in value, and rendered unfit for a home for himself and family. An injunction was also sought to prevent the continuance of such use of the houses of appellant.
The proof was ample to show that for a…
2Cases cited5 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Hamilton v. WhitridgeCourt of Appeals of Maryland · 1857
- People v. ErwinNew York Supreme Court · 1847
- State v. AbrahamsSupreme Court of Iowa · 1858
- Commonwealth v. CobbMassachusetts Supreme Judicial Court · 1876
3Cited by10 opinions
- Lindsay v. FreemanTexas Supreme Court · 1892
- Ingersoll v. RousseauWashington Supreme Court · 1904
- Larson v. Calder's Park Co.Utah Supreme Court · 1919
- Moore v. StateTexas Supreme Court · 1915
- Boone v. MillerTexas Supreme Court · 1889
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