Collins v. Collins

TERRELL, J.:

This is a controversy between appellant and appellees over the possession of Lot 12, Block 3, Beverly Heights in Dade County, S. B. Collins filed his petition in the County Judge’s Court praying that appellant be required to release possession of said lot to him. When the petition was heard, the County Judge found that the question of homestead property was involved in the controversy and declined to proceed further with the cause.

Several methods for settling the dispute were discussed but it was eventually agreed that a friendly suit would be brought for the purpose of construing…