Whitehead v. Nickelson
Texas Supreme Court
Appeal from Victoria. Tried below before the Hon. T. C. Barden. This was an action of trespass to try title, brought by Whitehead against Nickelson. The property sued for is a half lot in the town of Victoria, with a brick building and several outhouses upon it. It was intended for a hotel, but no hotel has been kept there of late years. Nickelson acquired the property in 1849 or 1850, and has lived upon it ever since.
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Appeal from Victoria. Tried below before the Hon. T. C. Barden. This was an action of trespass to try title, brought by Whitehead against Nickelson. The property sued for is a half lot in the town of Victoria, with a brick building and several outhouses upon it. It was intended for a hotel, but no hotel has been kept there of late years. Nickelson acquired the property in 1849 or 1850, and has lived upon it ever since. He first erected a wooden building, in which he lived, with his wife and children and servants, and kept hotel himself until his wife died, in 1857. After that, the hotel was…
1Opinion of the Court
Moore, Associate Justice.
It cannot be maintained, that the Constitution and laws exempt the homestead from forced sale, unless the defendant in execution was the constituent of a family occupying the premises as their homestead when he acquired title thereto; or unless it was thus occupied prior to its sale under execution. The fact that the premises at some previous time may have been the homestead of the family, and exempt from forced sale for the payment of the debts of the head of the family, if he afterwards parts with his title to it, will not operate to exempt it, if he reacquires it…
2Cited by19 opinions
- Roco v. GreenTexas Supreme Court · 1878
- Burk Royalty Company v. RileyTexas Supreme Court · 1972
- Ramey v. AllisonTexas Supreme Court · 1885
- In the Matter of Corinne N. Cannady, Debtor. Corinne N. Cannady, Cross-Appellees v. Robert B. Wilson, Trustee, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1981
- Plough, Inc. v. MooreCourt of Appeals of Texas · 1933
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