Wolf v. Butler
Court of Appeals of Texas
Appeal from Dallas. Tried below before Hon. R. E. Burke. ' 1. To require that tbe intention of one to make bis borne upon tbe lot should be unmistakably shown, imposes a greater burden of proof than tbe law requires.
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Appeal from Dallas. Tried below before Hon. R. E. Burke. ' 1. To require that tbe intention of one to make bis borne upon tbe lot should be unmistakably shown, imposes a greater burden of proof than tbe law requires. Rev. Stats., art. 1317; Baines v. TJ11man, 71 Texas, 529; Railway v. Bartlett, 81 Texas, 42; Emerson v. Mills, 83 Texas, 385. 2. Tbe purchase of tbe property, with tbe express intention to “use it as tbe place to exercise tbe calling or business of tbe bead of tbe family,” made it a business homestead. Barnes v. White, 53 Texas, 628; Archibald v. Jacobs, 69 Texas, 248; Gardiner…
1Opinion of the Court
FINLEY; Associate Justice.
This suit involves the validity of the mechanic’s lien upon property claimed to be the homestead. The amount of the debt to secure which the lien is claimed; that it accrued for material furnished and work done upon the building against which the lien is sought to be enforced, under contract; and that the statutory requirements in relation to fixing the lien, were fully and strictly complied with, are admitted facts. The contract was verbal, and made with the husband alone, while the owner was a married man, the head of a family, and the validity of the lien is…
2Cases cited6 opinions
- Franklin v. CoffeeTexas Supreme Court · 1857
- Archibald v. JacobsTexas Supreme Court · 1887
- Brooks v. ChathamTexas Supreme Court · 1882
- Barnes v. WhiteTexas Supreme Court · 1880
- William Cameron & Co. v. GebhardTexas Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Foley v. HoltkampCourt of Appeals of Texas · 1902
- Postal Savings & Loan Ass'n v. PowellCourt of Appeals of Texas · 1931
- Jensen v. GriffinSouth Dakota Supreme Court · 1913
- Parker v. CookCourt of Appeals of Texas · 1909
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
2 more not listed; retrieve them via the Exa API.