Carter v. Hawkins
Texas Supreme Court
Appeal from Hunt. Tried below before the Hon. T. D. Montrose, Special Judge. On the 14th day of January, 1880, S. M. Hawkins executed his note for $175 to O. B. Carter, appellant’s testator, and on the same day, to secure the payment of the note, he executed to O. B. Carter a mortgage on land containing the following description and field notes, to wit: “ The east half of a tract of land in the town of Greenville, bought by me from A. D. Robey.
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Appeal from Hunt. Tried below before the Hon. T. D. Montrose, Special Judge. On the 14th day of January, 1880, S. M. Hawkins executed his note for $175 to O. B. Carter, appellant’s testator, and on the same day, to secure the payment of the note, he executed to O. B. Carter a mortgage on land containing the following description and field notes, to wit: “ The east half of a tract of land in the town of Greenville, bought by me from A. D. Robey. Beginning at the M. E. corner of E. W. Terhune’s lot; thence W. 108 feet; thence S. 71 feet; thence E. 108 feet to the beginning.” The mortgage was…
1Opinion of the Court
Willie, Chief Justice.
It is unnecessary for us to consider any of the questions growing out of a supposed homestead right of Hawkins in the premises upon which the mortgage was sought to be enforced. There is no proof in the record tending to show that any such right existed at the time the mortgage was executed. Whilst the premises had at one time been occupied by Hawkins and his family as a homestead, the evidence shows that they had removed to another place and established a homestead upon it long previous to the making of the instrument which forms the basis of this suit. If the title to…
2Cases cited3 opinions
- McLouth v. HurtTexas Supreme Court · 1879
- Sanger v. CraigueSupreme Court of Vermont · 1838
- Erickson v. RaffertyIllinois Supreme Court · 1875
3Cited by25 opinions
- Miles v. MartinTexas Supreme Court · 1959
- Gulf Pro. Co. v. Angus SpearTexas Supreme Court · 1935
- Phoenix Mut. Life Ins. v. Kingston Bank & Thust Co.Tennessee Supreme Court · 1938
- Ireland v. Bible Baptist ChurchCourt of Appeals of Texas · 1972
- Wiseman v. WattersTexas Supreme Court · 1915
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