Scott v. Dyer
Texas Supreme Court
Error from Lamar County. STATEMENT. This was a suit brought by D. H. Scott to recover, from J. L. and M. A. Dyer, in an action of trespass to try title, a lot of land in the town of Paris, claiming it under his purchase at sheriff’s sale under a judgment and execution, more particularly described hereafter, in favor of the plaintiff against the defendants as husband and wife. The defense was that the lot was the homestead of defendants.
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Error from Lamar County. STATEMENT. This was a suit brought by D. H. Scott to recover, from J. L. and M. A. Dyer, in an action of trespass to try title, a lot of land in the town of Paris, claiming it under his purchase at sheriff’s sale under a judgment and execution, more particularly described hereafter, in favor of the plaintiff against the defendants as husband and wife. The defense was that the lot was the homestead of defendants. The cause was submitted to the judge without a ' jury, who found his conclusion of facts and of law in writing, and upon which he rendered judgment for the…
1Opinion of the Court
Opinion by
Walker, P. J.
There being no statement of facts in the record, the error assigned presents the question whether the facts stated in the finding of the eourt warranted the legal conclusions deduced from them by the judgment.
The premises, in their entirety, previous to the sale and conveyance bf that portion of the four acre lot described in the finding of the judge, constituted, it is conceded, the homestead of the defendants.
It cannot be doubted that the defendants had the right to limit the extent of their homestead, by conveying away a part and reserving the remainder of what…
2Cases cited6 opinions
- Franklin v. CoffeeTexas Supreme Court · 1857
- Gouhenant v. CockrellTexas Supreme Court · 1857
- Shepherd v. CassidayTexas Supreme Court · 1857
- Moreland v. BarnhartTexas Supreme Court · 1875
- Austin v. TownesTexas Supreme Court · 1853
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