Luhn v. Stone
Texas Supreme Court
Appeal from Austin. Tried below before the Hon. H. Tiechmueller. This was an action of trespass to try title, brought by W. E. Luhn against A. B. Stone, in the district court of Austin county, to recover eighty-seven and one-fifth acres of land. The defendant pleaded: first, not guilty; second, that the land sued for was, at the time it was levied on and purchased by plaintiff, a part of defendant’s homestead.
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Appeal from Austin. Tried below before the Hon. H. Tiechmueller. This was an action of trespass to try title, brought by W. E. Luhn against A. B. Stone, in the district court of Austin county, to recover eighty-seven and one-fifth acres of land. The defendant pleaded: first, not guilty; second, that the land sued for was, at the time it was levied on and purchased by plaintiff, a part of defendant’s homestead. The court tried the cause without a jury, and sustained the plea of homestead, rendering judgment for defendant. Plaintiff appealed. The syllabus states the facts.
1Opinion of the Court
Stayton, Associate Justice.
That A. B. Stone owned an undivided interest in the tract which embraced the homestead of his father, as well as the land conveyed by the latter to his sons, Warren T. and J. B. Stone, cannot be questioned. This entire tract was contiguous to the tract on which A. B. Stone lived, which embraced only eighty-five acres. The contiguity of this tract to the tract in which the appellee had an undivided interest, in connection with the facts manifesting his intention to make his interest in the latter tract a part of his homestead, we are of the opinion, was sufficient to…
2Cases cited2 opinions
- Clements v. LacyTexas Supreme Court · 1879
- Brown v. McLennanTexas Supreme Court · 1883
3Cited by11 opinions
- Birdwell v. BurlesonCourt of Appeals of Texas · 1902
- Hampton v. GillilandCourt of Appeals of Texas · 1900
- Young v. HollingsworthCourt of Appeals of Texas · 1929
- W. R. Thompson & Sons Lumber Co. v. CliftonTexas Supreme Court · 1939
- Booth v. H. P. Drought & Co.Court of Appeals of Texas · 1935
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