Legal Opinion

Gage v. Neblett

Texas Supreme Court

Decided June 23, 1882No. Case No. 4660PublishedCited by 21 opinions

Appeal from Navarro. Tried below before the Hon. L. D. Bradley.

1Opinion of the Court

Bonner, Associate Justice.

The controlling question in this case is, which is superior, a judgment lien on land, or a subsequently acquired homestead right?

In the case of Baird v. Trice, 51 Tex., 555, it was decided that an attachment lien on land will not be defeated by a subsequently acquired homestead right. The doctrine of that case has since been affirmed by this court, is sustained by .numerous authorities elsewhere, and is, we think, founded on justice and sound principle.

In Bullene v. Hiatt, the supreme court of Kansas say: “ The attachment lien existed nearly three months before the…

2Cases cited23 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Gunn v. BarrySupreme Court of the United States · 1873
  3. Houston & Great Northern R. R. v. WinterTexas Supreme Court · 1876
  4. Ashton v. IngleSupreme Court of Kansas · 1878
  5. Chick v. WillettsSupreme Court of Kansas · 1864

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

3Cited by21 opinions

  1. INWOOD NORTH HOMEOWNERS'ASS'N v. HarrisTexas Supreme Court · 1987
  2. Van Ratcliff v. CallTexas Supreme Court · 1889
  3. FNFS, Ltd. v. Harwood (In Re Harwood)United States Bankruptcy Court, E.D. Texas · 2009
  4. Minnehoma Financial Co. v. DittoCourt of Appeals of Texas · 1978
  5. Wright v. StraubTexas Supreme Court · 1885

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

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