Shepherd v. Cassiday
Texas Supreme Court
Appeal from Bastrop. Tried below before the Hon. Thomas H. DuVal. Suit by appellee against appellant, commenced January 17th, 1856, to recover a house and lot in the town of Bastrop, which she alleged to be her homestead. Answer that defendant became the owner of the premises by purchase at Sheriff’s sale under execution against the plaintiff, and that at the time of said sale, plaintiff had abandoned and ceased to claim the property as her homestead.
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Appeal from Bastrop. Tried below before the Hon. Thomas H. DuVal. Suit by appellee against appellant, commenced January 17th, 1856, to recover a house and lot in the town of Bastrop, which she alleged to be her homestead. Answer that defendant became the owner of the premises by purchase at Sheriff’s sale under execution against the plaintiff, and that at the time of said sale, plaintiff had abandoned and ceased to claim the property as her homestead. Stephen Cassiday, a son of the plaintiff, testified that the premises in controversy were the only real property owned by the plaintiff at the…
1Opinion of the Court
Hemphill, Ch. J.
The object of the present suit is to recover a lot of land in the town of Bastrop, claimed by the plaintiff, Margaret Cassiday, as her homestead; and damages for its detention. The defendant, James W. Shepherd, claims that the plaintiff had abandoned her homestead, and that he purchased the lot at Sheriff’s sale.
The plaintiff left Bastrop on or about April, 1855, and the lot was sold in October of the same year, the plaintiff in the mean time living with her children in Austin, where she has ever since *29continued to live ; but has acquired no homestead. There was proof of…
2Cases cited1 opinion
- Hancock v. JohnsonCourt of Appeals of Kentucky · 1858
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- Cross v. EvertsTexas Supreme Court · 1866
- Jordan v. ImthurnTexas Supreme Court · 1879
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