Axer v. Bassett
Texas Supreme Court
Error from Washington. Tried below before the Hon. I. B„ McFarland. The defendant in error, Jefferson Bassett, as plaintiff below, brought this suit, which was in form an action of trespass to try title, in the district court, against the plaintiff in error, Wm. Axer, to recover a lot of ground-in Brenham, consisting of about two acres. Mrs. Axer intervened, setting up a claim of homestead.
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Error from Washington. Tried below before the Hon. I. B„ McFarland. The defendant in error, Jefferson Bassett, as plaintiff below, brought this suit, which was in form an action of trespass to try title, in the district court, against the plaintiff in error, Wm. Axer, to recover a lot of ground-in Brenham, consisting of about two acres. Mrs. Axer intervened, setting up a claim of homestead. Miss Kate Kinney, the other plaintiff in error, also intervened, claiming the superior title. The residence lot and the lot in controversy are about one hundred yards apart, and are both within the…
1Opinion of the Court
Delany, J. Com. App.
We will consider first the question whether the homestead claim of Axer and wife ought to be sustained; for if that is a valid claim, the whole case is at an end. Under all our state constitutions the homestead might consist of more lots than one; that is, the family might live on a lot or lots, and that fact of itself would make that lot or those lots the homestead. *548But beyond this he may so use another piece of ground as to invest it with the homestead character. The term “lot ” has no definite meaning as to the size of the piece of ground. It may be twenty feet by forty…
2Cases cited2 opinions
- Evans v. WomackTexas Supreme Court · 1877
- Methery v. WalkerTexas Supreme Court · 1856
3Cited by14 opinions
- Kingman v. O'CallaghanSouth Dakota Supreme Court · 1894
- Connelly v. JohnsonCourt of Appeals of Texas · 1924
- Anderson v. SessionsTexas Supreme Court · 1900
- Oppenheimer v. FritterTexas Supreme Court · 1890
- Weiser v. Travis Cotton Seed Products Co.Court of Appeals of Texas · 1933
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