Dismuke v. Eady & Co.

Blandford, Justice.

An execution in favor of Eady & Co. against Dismuke was levied on certain land as the property of Dismuke. Dismuke, as the head of a family, interposed a claim to the same as homestead property. The property levied on was found subject. Dismuke moved for a new trial, which was refused; whereupon he excepted.

It appears from the record that in 1S70, Dismuke, as the *290head of a family of minor children, applied to the ordinary of Harris county to have set apart to Him a home:stead in the land levied upon in this case; upon which land they were then residing. From the papers…