Hargadene, McKittrick & Co. v. Whitfield
Texas Supreme Court
Appeal from Red River. Tried below before the Hon. E. D. McClellan. Appellants brought suit by attachment against appellee, and on the nineteenth day of January, 1888, at eleven o’clock a. m,, had their writ of attachment levied upon lands of the defend.ant, and, among other lands, levied upon lots eleven and twelve, block 3, in the town of Detroit, Red River county, Texas.
Read the full summary
Appeal from Red River. Tried below before the Hon. E. D. McClellan. Appellants brought suit by attachment against appellee, and on the nineteenth day of January, 1888, at eleven o’clock a. m,, had their writ of attachment levied upon lands of the defend.ant, and, among other lands, levied upon lots eleven and twelve, block 3, in the town of Detroit, Red River county, Texas. Appellee answered by plea in abatement to the levy of the .attachment as to said lots eleven and twelve; alleged- that he was a citizen of Texas, head of a family, a merchant; also bought cotton and sold some goods on…
1Opinion of the Court
Walker, Associate Justice.
The questions raised in this case are not novel. The homestead right when fixed is an estate in the land—it is more than a mere privilege of occupancy. The land on which the estate has been fixed is exempt from execution, nor can it be a subject ©f mortgage by its owner. The creditor has no rights in it nor to it as a security; *489nor is he defrauded by the debtor holding it or by any disposition he may make of it.
The inquiry therefore in this case is as to the status of the property in controversy at the date of the seizure by the sheriff. Was it the place of business…
2Cases cited7 opinions
- Wynne v. HudsonTexas Supreme Court · 1886
- Shryock & Rowland v. LatimerTexas Supreme Court · 1882
- L. N. Brunswig & Co. v. WhiteTexas Supreme Court · 1888
- Herman Iken & Co. v. OlenickTexas Supreme Court · 1874
- Medlenka v. DowningTexas Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- O'NEIL v. MacK Trucks, Inc.Texas Supreme Court · 1976
- Woods v. Alvarado State BankTexas Supreme Court · 1929
- Thompson v. ThompsonTexas Supreme Court · 1951
- Cocke v. ConquestTexas Supreme Court · 1931
- Chalk v. DaggettTexas Commission of Appeals · 1924
56 more not listed; retrieve them via the Exa API.