Legal Opinion

Gaines v. National Exchange Bank

Texas Supreme Court

Decided July 1, 1885No. Case No. 1874PublishedCited by 9 opinions

Appeal from Falls. Tried below before the Hon. B. W. Bimes. Appellee, on the 20th of February, 1878, filed its suit against the appellant A. O. Gaines and Lina Gaines and J. W. Whitsett, to cancel and set aside two deeds made by A. O. Gaines; one to Lina Gaines conveying three hundred acres of land, and one to J. W. Whitsett conveying three hundred acres, the two tracts constituting the six hundred acres of land.

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Appeal from Falls. Tried below before the Hon. B. W. Bimes. Appellee, on the 20th of February, 1878, filed its suit against the appellant A. O. Gaines and Lina Gaines and J. W. Whitsett, to cancel and set aside two deeds made by A. O. Gaines; one to Lina Gaines conveying three hundred acres of land, and one to J. W. Whitsett conveying three hundred acres, the two tracts constituting the six hundred acres of land. The petition alleged that on the 8th of September, 1877, J. W. Hutchins recovered a judgment in the district court of Falls county against A. O. Gaines for $1,095 and costs, which…

1Opinion of the Court

Delany, J. Com. App.

We will first consider the case made by the appellant, A. O. Gaines.

He presents eight assignments of error, but there are only one or two points in his case. The only objection which he makes to the judgment is that it gave to the plaintiff the tract of three hundred acres of land upon which he (Gaines) had placed his homestead.

The question, then, to be determined is whether, as against the plaintiff, he could rightfully claim a homestead upon that tract. The land lay in Falls county. The judgment against Gaines, under which the plaintiff claimed, was rendered in that…

2Cases cited2 opinions

  1. Calvert v. RocheTexas Supreme Court · 1883
  2. Lynn v. Le Gierse & Co.Texas Supreme Court · 1877

3Cited by9 opinions

  1. Smith v. ConnerTexas Supreme Court · 1905
  2. Roeser & Pendleton, Inc. v. StanoLind Oil & Gas Co.Court of Appeals of Texas · 1940
  3. Arbuckle Bros. Coffee Co. v. Werner & CohenTexas Supreme Court · 1890
  4. Howard v. KopperlTexas Supreme Court · 1887
  5. John B. Hood Camp v. De CordovaTexas Supreme Court · 1898

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