Keller v. Lindow
Court of Appeals of Texas
Appeal from District Court, Harris County ; Norman G. Kittrell, Judge. Action by Mrs. Mollie Lindow and husband, for herself and as next friend of minor children, against Theodore Keller and others, in which H. N. Atkinson intervened. From a judgment for plaintiffs and intervener, defendants appeal.
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Appeal from District Court, Harris County ; Norman G. Kittrell, Judge. Action by Mrs. Mollie Lindow and husband, for herself and as next friend of minor children, against Theodore Keller and others, in which H. N. Atkinson intervened. From a judgment for plaintiffs and intervener, defendants appeal. Mrs. Lindow filed her petition in the ordinary form of trespass to try title, claiming an undivided half of a 160-acre tract of land, against Theodore Keller and Rudolph Spurli, alleging that defendants owned the other half. Afterwards she filed an amended petition in same form, alleging herself…
1Opinion of the Court
JAMES, O. J.
(after stating the facts as above). We conclude, in view of the judgment rendered, that there was testimony which warranted the court in finding as a fact that the land, shortly after the purchase by Lindow of an undivided half, became his homestead and although he, after improving and occupying it as such for a year or two, moved from it, he up to the time of his death intended to return to it as his home, and that he never formed an intention not to do so. To the extent of his title, which was an undivided half, it was therefore his homestead when the foreclosure and sheriff’s…
2Cases cited2 opinions
- Thigpen v. RussellCourt of Appeals of Texas · 1909
- Campbell v. ElliottTexas Supreme Court · 1879
3Cited by12 opinions
- Wilson v. BeckCourt of Appeals of Texas · 1926
- Henry v. WilliamsCourt of Appeals of Texas · 1939
- Barnes v. ArcherCourt of Appeals of Texas · 1934
- Hollander v. AbramsNew Jersey Court of Chancery · 1926
- Bledsoe v. BurlesonCourt of Appeals of Texas · 1926
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