Wynne v. Hudson
Texas Supreme Court
Appeal from Burleson. Tried below before the Hon. J. B. McFarland. The following sketch gives an approximately accurate idea of the lot and improvements in controversy: This was an action of trespass to try title, and for damages, brought by the appellant, Charles E. Wynne, as assignee under statutory assignment, against appellee, Thos. F. Hudson, his assignor, and Hudson’s wife, and a number of tenants.
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Appeal from Burleson. Tried below before the Hon. J. B. McFarland. The following sketch gives an approximately accurate idea of the lot and improvements in controversy: This was an action of trespass to try title, and for damages, brought by the appellant, Charles E. Wynne, as assignee under statutory assignment, against appellee, Thos. F. Hudson, his assignor, and Hudson’s wife, and a number of tenants. The defendants all pleaded, iointly: 1. That ihe defendant Hudson owned and claimed the premises, and the other defendants were tenants, claiming only as such, and occupying and claiming, in…
1Opinion of the Court
Stayton, Associate Justice.
That the entire block, of which the land in controversy is a part, became the homestead of Hudson and his family, in the year 1868, is clear, as is it that he used a part of the block as his place of business, as a merchant, until the year 1879, since which he has not used the block in any manner as a place of business.
At that time he began business as a merchant, in another town, in a store-house owned by himself and the person who associated with him in mercantile business. He has, however, continued to use a part of the block as a dwelling and for such pur*6poses…
2Cases cited2 opinions
- Shryock & Rowland v. LatimerTexas Supreme Court · 1882
- Medlenka v. DowningTexas Supreme Court · 1883
3Cited by65 opinions
- Perry v. Dearing (In Re Perry)Court of Appeals for the Fifth Circuit · 2003
- Strang v. PrayTexas Supreme Court · 1896
- Hargadene, McKittrick & Co. v. WhitfieldTexas Supreme Court · 1888
- Hudgins v. ThompsonTexas Supreme Court · 1919
- O'Brien v. WoeltzTexas Supreme Court · 1900
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