Cameron v. Fay
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Suit by appellants, Cameron and Moore, as plaintiffs below, against appellees, T. A. Fay and Peter Fay, as husband and wife, for the sum of $2,065.50 for work and labor done and performed, and materials furnished in the erection of improvements made upon certain lots, the alleged separate property of the wife, T. A. Fay, and also to enforce the mechanic’s lien. ' The contract was evidenced by writing and the…
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Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Suit by appellants, Cameron and Moore, as plaintiffs below, against appellees, T. A. Fay and Peter Fay, as husband and wife, for the sum of $2,065.50 for work and labor done and performed, and materials furnished in the erection of improvements made upon certain lots, the alleged separate property of the wife, T. A. Fay, and also to enforce the mechanic’s lien. ' The contract was evidenced by writing and the lien duly fixed and secured under the statute. Mrs. Fay procured insurance upon the building and upon certain property…
1Opinion of the Court
Bonner, Associate Justice.
The two principal questions in this case are: First, was the husband Peter Fay a competent witness to prove that the premises insured constituted the homestead of himself and wife? Second, if such homestead, then was the insurance money subject to the garnishment?
I. The material issue of fact in the case was whether the insured premises constituted the homestead. To sustain the affirmative of this issue, the husband was introduced and testified as a witness over the objection that he was incompetent to testify for or against his wife.
Although the courts have very…
2Cases cited10 opinions
- Rice v. RiceTexas Supreme Court · 1858
- Pearson v. FlanaganTexas Supreme Court · 1879
- Martel v. SomersTexas Supreme Court · 1863
- Wood v. ChambersTexas Supreme Court · 1857
- Houghton v. LeeCalifornia Supreme Court · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Dakan v. DakanTexas Supreme Court · 1935
- Chase v. SwayneTexas Supreme Court · 1895
- Lindsay v. ClaymanTexas Supreme Court · 1952
- H. Schneider & Bro. v. BrayTexas Supreme Court · 1883
- In re WellingCourt of Appeals for the Seventh Circuit · 1902
24 more not listed; retrieve them via the Exa API.