Low v. Tandy
Texas Supreme Court
Appeal from San Saba. Tried below before the Hon. A. W. Moursund. Low and Low, against whom this suit was brought, assumed to control an execution issued on a judgment rendered in favor of The Brown Cotton Grin Company and against the appellant, W. W. Tandy and others.
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Appeal from San Saba. Tried below before the Hon. A. W. Moursund. Low and Low, against whom this suit was brought, assumed to control an execution issued on a judgment rendered in favor of The Brown Cotton Grin Company and against the appellant, W. W. Tandy and others. A mortgage had been executed in favor of that company on the cotton gin, belting, etc., to J. J. Scruggs, trustee, from which the following is an extract: “In consideration of ten dollars to me paid, we hereby sell and convey to J. B. Scruggs, trustee, his heirs and assigns, one sixty saw Brown cotton gin, feeder and condenser;…
1Opinion of the Court
Walker, Associate Justice.
The use by Tandy of the lot upon which the gin and mill buildings were erected, for the exercise of his business and calling, made the premises a homestead under the law. His residence upon leased property could not affect the right to exemption for his place of business given by the Constitution and laws of the State. (57 Texas, 377.)
The judgment on the note against Tandy and his sureties, without foreclosure of the mortgage upon property encumbered with the note, only authorized execution against property not exempt—that is, property not liable to forced sale. The…
2Cases cited4 opinions
- Cannon v. McDanielTexas Supreme Court · 1876
- Gage v. NeblettTexas Supreme Court · 1882
- Hargrave v. SimpsonTexas Supreme Court · 1860
- Bradshaw v. HouseTexas Supreme Court · 1875
3Cited by4 opinions
- Gann v. MontgomeryCourt of Appeals of Texas · 1948
- Capitol Aggregates, Inc. v. WalkerCourt of Appeals of Texas · 1969
- First Nat. Bank of Kaufman v. DismukesCourt of Appeals of Texas · 1922
- In re SimpsonDistrict Court, N.D. Texas · 1924