Legal Opinion

Langston v. Maxey

Texas Supreme Court

Decided May 28, 1889No. 6576PublishedCited by 9 opinions

Appeal from Johnson. Tried below before Hon. J. M. Hall. The following was the testimony of appellee Maxey: “Is sixty-nine years old, and resides upon property in controversy; family consists of wife, self, and a little boy; his homestead consists of a part of out block No. 2 in city of Cleburne; bought and resided on it in July, 1867; bought' the whole block and enclosed it with a fence in 1867, and built near center of it, fronting on head of Caddo Street, and has always…

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Appeal from Johnson. Tried below before Hon. J. M. Hall. The following was the testimony of appellee Maxey: “Is sixty-nine years old, and resides upon property in controversy; family consists of wife, self, and a little boy; his homestead consists of a part of out block No. 2 in city of Cleburne; bought and resided on it in July, 1867; bought' the whole block and enclosed it with a fence in 1867, and built near center of it, fronting on head of Caddo Street, and has always resided on the block since. After I bought I sold a lot off the east end of the block to Mrs. Armstead, and after that I…

1Opinion of the Court

Gaines, Associate Justice.

Appellee brought this action to enjoin a sale under execution of a certain parcel of land in the city of Cleburne, which he claimed as a homestead. He was the head of a family and had his residence upon the western portion of the property described in his petition. Upon its middle and eastern parts there were two small residence houses, with some of the usual appurtenances, which were occupied by his tenants.

The defendants below declared in their answer that the western portion of the property, being that upon which the plaintiff actually resided with his family, was…

2Cases cited1 opinion

  1. Newton v. CalhounTexas Supreme Court · 1887

3Cited by9 opinions

  1. Rollins v. O'FarrelTexas Supreme Court · 1890
  2. O'Fiel v. JanesCourt of Appeals of Texas · 1925
  3. Burns v. ParkerCourt of Appeals of Texas · 1911
  4. Thornton v. WearCourt of Appeals of Texas · 1918
  5. Chalk v. DaggettCourt of Appeals of Texas · 1918

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