Burgher v. Henderson

LIGHTFOOT, Chief Justice.

— This is an action of trespass to try title in ordinary form, brought by appellants, B. M. Burgher and W. E. Stephens, against appellee, J. G. Henderson, in the District Court of Delta County, on August 27, 1892, to recover 130 acres of land in said county. Appellants claimed the land under execution sale (levy made October 8,1889) and sheriff’s sale, the land being levied upon as the property of appellee. Appellee answered by plea of not guilty, and by special answer, alleging, that at the time of the levy and sale the land was the homestead of himself and family,…