Legal Opinion

In re Presnall

District Court, W.D. Texas

Decided February 16, 1909No. 404PublishedCited by 4 opinions

In Bankruptcy. On review of decision of referee. Graham Dowdell, trustee of the bankrupt’s estate, has filed a petition to review the order of the referee, requiring him to set apart to the bankrupt the following described proi)erty as his homestead: Lot No. 4, in city block No. .179. on the west side of Garden street, fronting 30 varas on said street, and running back between parallel lines to tbe San Antonio river for depth, known as “Presnall Place,” No. 215 Garden…

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In Bankruptcy. On review of decision of referee. Graham Dowdell, trustee of the bankrupt’s estate, has filed a petition to review the order of the referee, requiring him to set apart to the bankrupt the following described proi)erty as his homestead: Lot No. 4, in city block No. .179. on the west side of Garden street, fronting 30 varas on said street, and running back between parallel lines to tbe San Antonio river for depth, known as “Presnall Place,” No. 215 Garden street, situated in the city of San Antonio, Bexar county, Tex. The record contains the findings of fact and conclusions of…

1Opinion of the CourtMaxey, District Judge

(after stating the facts as above). The question to be determined is whether the property in controversy should be set apart to the bankrupt as his homestead. By article J 0, § 51, of the Constitution of this state, it is provided:

“The homestead in a city, town or village, shall consist of lot or lots, not to exceed in value five thousand dollars at the time of their designation as the homestead, without reference to the value of any improvements thereon; provided, that the same shall ,be used for the purposes of a home, or as a place to exercise the calling or business of the head of a…

2Cases cited27 opinions

  1. Moran v. WheelerTexas Supreme Court · 1894
  2. Wynne v. HudsonTexas Supreme Court · 1886
  3. Hargadene, McKittrick & Co. v. WhitfieldTexas Supreme Court · 1888
  4. Gouhenant v. CockrellTexas Supreme Court · 1857
  5. Hurt v. HollingsworthSupreme Court of the United States · 1879

22 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Elliott v. BondSupreme Court of Oklahoma · 1918
  2. German State Bank of Elk City v. PtachekSupreme Court of Oklahoma · 1918
  3. McCammon v. JenkinsSupreme Court of Oklahoma · 1915
  4. First Nat. Bank of Cleveland v. CoatesSupreme Court of Oklahoma · 1916

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