Jacobs v. Hawkins
Texas Supreme Court
Appeal from Hunt. Tried below before the Hon. Green J. Clark. Suit by appellants against J. W. Hawkins and S. M. Hawkins upon a note for $1,111.80, and against J. W. Hawkins and his wife, S. T. Hawkins, to foreclose a mortgage executed by J. W. Hawkins and wife to appellants on lot No. 8 and half of lot No. 1, in block No. 15, in the town of Greenville, and block No. 27, to secure its payment.
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Appeal from Hunt. Tried below before the Hon. Green J. Clark. Suit by appellants against J. W. Hawkins and S. M. Hawkins upon a note for $1,111.80, and against J. W. Hawkins and his wife, S. T. Hawkins, to foreclose a mortgage executed by J. W. Hawkins and wife to appellants on lot No. 8 and half of lot No. 1, in block No. 15, in the town of Greenville, and block No. 27, to secure its payment. The defer-'ants set up no defense against the note, but the defendants J. W. Hawkins and his wife, S. T. Hawkins, answered that lot 8 and half of lot No. 1, in block 15, were at the time of the…
1Opinion of the Court
Stayton, Associate Justice.
The fact of homestead or not could not be determined by any declaration of opinion made by J. W. Hawkins as a witness, and the court did not err in excluding the answer to a question which called for such opinion.
The answer of the defendants J. W. and S. T. Hawkins did not put in issue the execution of the note or mortgage on which the suit was brought; nor did it in any manner question the sufficiency of the consideration on which they were executed, and the evidence of the witness Harby in this respect was unimportant and would not have tended to establish any…
2Cases cited6 opinions
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- Hart v. WareTexas Supreme Court · 1852
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