Smith v. Uzzell

Stayton, Associate Justice.- — ■

This cause was before this court at a former term and is reported in 56 Tex., 315. As formerly presented, it was held that the evidence showed the land in controversy had been abandoned as homestead by Hzzell and family, and was therefore subject to the forced sale under execution through which the appellant claims.

On the last trial there was much evidence, not introduced on the former trial, tending to show that the removal of Uzzell and family from the land was not with intent- to abandon the place as a home, and there was also additional evidence tending to…