Legal Opinion

Woolfolk v. Rickets

Texas Supreme Court

Decided July 1, 1874PublishedCited by 18 opinions

Appeal from Cherokee. .Tried below before the Hon. M. Priest. Rickets and wife instituted suit in trespass to try title for the one-half interest in a tract of land adjacent to the town of Rusk, claimed as their homestead. The defendant, Woolfolk, pleaded not guilty; that she was a bona fide purchaser for value, &c., and set out her claim of title back to a deed from the plaintiff to Armstrong & Gibson, from them to F. M. Hicks, and from Hicks and wife to defendant.

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Appeal from Cherokee. .Tried below before the Hon. M. Priest. Rickets and wife instituted suit in trespass to try title for the one-half interest in a tract of land adjacent to the town of Rusk, claimed as their homestead. The defendant, Woolfolk, pleaded not guilty; that she was a bona fide purchaser for value, &c., and set out her claim of title back to a deed from the plaintiff to Armstrong & Gibson, from them to F. M. Hicks, and from Hicks and wife to defendant. The defendant prayed that Hicks and wife be vouched as parties to the suit under their warranty deed, which was accordingly…

1Opinion of the Court

Reeves, Associate Justice.

This suit xvas brought by appellees to recover fourteen acres of land near the town of Rusk, claimed as their homestead. The petition was *362filed in 1871. In 1863 R. J. Rickets, without being joined by his wife, sold and conveyed the land to Armstrong and Gibson. Appellants deraign title from Armstrong 'and Gibson.

It cannot be doubted that this tract of land was the homestead of appellees in 1858, and that they resided upon it as their homestead until the latter part of the year 1860, or the beginning of 1861, when they left it and removed to the Neely place, as it is…

2Cases cited2 opinions

  1. Gouhenant v. CockrellTexas Supreme Court · 1857
  2. Shepherd v. CassidayTexas Supreme Court · 1857

3Cited by18 opinions

  1. Hudgins v. ThompsonTexas Supreme Court · 1919
  2. O'Brien v. WoeltzTexas Supreme Court · 1900
  3. Heidenheimer v. ThomasTexas Supreme Court · 1885
  4. Woolfolk v. RickettsTexas Supreme Court · 1877
  5. Thomas v. WilliamsTexas Supreme Court · 1878

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