Taylor v. Flynt

STEPHENS, Associate Justice.

This is the second appeal in this case. On the first trial the court gave a peremptory instruction, and for this reason the judgment was reversed. Taylor v. Flynt, 59 S. W. Rep., 1126. The issues were submitted to the jury on the last trial, but in such manner, we think, as to again require the judgment to be reversed. One material error complained of is found in the fifth paragraph of the charge: “I also instruct you, if you find from the testimony that F. S. Herr knew the land in controversy was the homestead of defendants and that the Texas Loan Agency would not…