Campbell v. Elliott
Texas Supreme Court
Appeal from Bowie. Tried below before the Hon. John H. Rogers. Suit in trespass to try title to three hundred and twenty acres of land ivas brought by Samuel I). Elliott et al., appellees in this court, against appellant, Robert W. Campbell.
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Appeal from Bowie. Tried below before the Hon. John H. Rogers. Suit in trespass to try title to three hundred and twenty acres of land ivas brought by Samuel I). Elliott et al., appellees in this court, against appellant, Robert W. Campbell. The material facts, as shown by the record, are, that in 1851 Lorenzo C. Elliott and bis wife, Martha Elliott, came to the State of Texas, and soon afterwards settled upon the land in controversy; that they lived upon the land as their homestead until some time in June, 1861, when Mrs. Elliott died f that the surviving husband continued to reside upon it…
1Opinion of the Court
Bonner, Associate Justice.
Under the view we take of the material issue presented by the record in this case, it does not become necessary to decide fully that vexed question, What is the homestead estate ? Heither does it become necessary to decide what would be the rights of a mortgagee, or one claiming under him under a mortgage of the homestead, *158when the same were sought to be enforced by sale made after the property had ceased to be the homestead.
This case differs from that of Stewart v. Mackey, 16 Tex., 56, in this: that here the mortgage was made by the husband alone after the homestead…
2Cases cited15 opinions
- Morris v. WardSupreme Court of Kansas · 1869
- Cross v. EvertsTexas Supreme Court · 1866
- Barber v. BabelCalifornia Supreme Court · 1868
- Dye v. MannMichigan Supreme Court · 1862
- Revalk v. KraemerCalifornia Supreme Court · 1857
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3Cited by17 opinions
- Thompson v. JonesTexas Supreme Court · 1890
- Martin v. AstinTexas Commission of Appeals · 1927
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- Keller v. LindowCourt of Appeals of Texas · 1910
- Henry v. WilliamsCourt of Appeals of Texas · 1939
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