Legal Opinion

First Nat. Bank of Kaufman v. Dismukes

Court of Appeals of Texas

Decided May 4, 1922No. 2565PublishedCited by 19 opinions

Appeal from District Court, Kaufman County; Joel R. Bond, Judge. Suit by P. H. Dismukes against the First National Bank of Kaufman. From judgment for plaintiff, defendant appeals.

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Appeal from District Court, Kaufman County; Joel R. Bond, Judge. Suit by P. H. Dismukes against the First National Bank of Kaufman. From judgment for plaintiff, defendant appeals. The appellee filed the suit against appellant, alleging that in February, 1916, he executed a deed of trust to secure an indebtedness owing by him to appellant, and asking that the deed of trust be canceled as easting a cloud upon the title to the property, and that the appellant be enjoined from enforcing the deed of trust upon the ground that the property was and is used, occupied, and claimed as a business…

1Opinion of the CourtLevy, J.

(after stating the facts as above). [2] The only question presented on the appeal is that of whether or not a homestead will attach to a business house or “warehouse” that is constructed on leased premises. In point of fact the ‘‘warehouse” was used by the husband, as the head of a family, as a place to exercise his business, at the time and since the deed of trust was made and filed. As the homestead right or privilege is of constitutional creation, its nature, character and extent depend upon the law creating and defining it. “The homestead in a city, town or village,” as defined by the…

2Cases cited4 opinions

  1. Franklin v. CoffeeTexas Supreme Court · 1857
  2. Cullers v. JamesTexas Supreme Court · 1886
  3. Ellis v. BinghamCourt of Appeals of Texas · 1912
  4. Low v. TandyTexas Supreme Court · 1888

3Cited by19 opinions

  1. Perry v. Dearing (In Re Perry)Court of Appeals for the Fifth Circuit · 2003
  2. Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
  3. Gann v. MontgomeryCourt of Appeals of Texas · 1948
  4. Capitol Aggregates, Inc. v. WalkerCourt of Appeals of Texas · 1969
  5. Young v. HollingsworthCourt of Appeals of Texas · 1929

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