Oppenheimer v. Fritter
Texas Supreme Court
Appeal from Kinney. Tried below before Hon. Winchester Kelso. Suit brought March 7, 1888, by appellee. B. Oppenheimer & Co. caused an execution under a valid j udgment rendered in their favor against appellee, Fritter, in the County Court of Kinney County, to be levied upon parts of lots 4 and 5, in block 6, in the town of Brackett, in Kinney County, which were legally sold by the sheriff to appellants, and deed was executed to them for the same.
Read the full summary
Appeal from Kinney. Tried below before Hon. Winchester Kelso. Suit brought March 7, 1888, by appellee. B. Oppenheimer & Co. caused an execution under a valid j udgment rendered in their favor against appellee, Fritter, in the County Court of Kinney County, to be levied upon parts of lots 4 and 5, in block 6, in the town of Brackett, in Kinney County, which were legally sold by the sheriff to appellants, and deed was executed to them for the same. Plaintiff below, the appellee Fritter, claimed the land sold as a part of his homestead. He brought this suit to establish his homestead rights, and…
1Opinion of the Court
COLLARD, Judge.
This case presents principally questions of fact, or rather of mixed law and fact. The judgment, execution, levy, and sale vested the land in suit in appellants if at the time of the levy and sale it was subj'ect to forced sale, but if it was the homestead of the plaintiff, Fritter, no title passed by the sale, The levy was made on February 9, 1888, and on March 6, 1888, the land was sold and bid in by the appellants.
The residence of appellee is on the east side of lot 4; lot 5 adj'oins lot 4; both lots foi-m a square survey fifty-five varas on each side. There is a fence…
2Cases cited7 opinions
- Wynne v. HudsonTexas Supreme Court · 1886
- Shryock & Rowland v. LatimerTexas Supreme Court · 1882
- Medlenka v. DowningTexas Supreme Court · 1883
- Samuel B. v. StoneTexas Supreme Court · 1857
- Rollins v. O'FarrelTexas Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Adkins-Polk Co. v. RhodesTexas Commission of Appeals · 1930
- Bogart v. Cowboy State Bank & Trust Co.Court of Appeals of Texas · 1915
- Wurzbach v. MengerCourt of Appeals of Texas · 1901
- Scottish American Mortgage Co. v. MilnerCourt of Appeals of Texas · 1930
- Weitzman v. LeeCourt of Appeals of Texas · 1924
5 more not listed; retrieve them via the Exa API.