Houston & Great Northern R. R. v. Winter
Texas Supreme Court
Appeal from Walker. Tried below before the Hon. J. R. Burnett. The Houston and Great Northern Railroad Company brought trespass to try title against A. Winter, for 320 acres of land. Winter pleaded not guilty, and C. A. Abercrombie, as landlord, came in and answered, claiming 157 acres of the land sued for, as the homestead of himself and family.
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Appeal from Walker. Tried below before the Hon. J. R. Burnett. The Houston and Great Northern Railroad Company brought trespass to try title against A. Winter, for 320 acres of land. Winter pleaded not guilty, and C. A. Abercrombie, as landlord, came in and answered, claiming 157 acres of the land sued for, as the homestead of himself and family. Plaintiff amended, setting out its title, and alleging fraud in the defendant, Abercrombie, in so designating the boundaries of his homestead as to deprive plaintiff of its right in the land sued for and vested prior to such designation, Plaintiff…
1Opinion of the Court
Roberts, Chief Justice.
The question in this case is, did C. A. Abercrombie have the right to designate and locate by a survey his homestead in the manner in which he did, and thereby defeat the claim of the railroad company to the land in controversy, to the extent of one hundred and fifty-seven acres of land in the Palmer survey.
The judgment in favor of Edwards against Abercrombie, constituting a lien upon the Palmer tract of three hundred and twenty acres of land, being in force at the time the law was passed in 1866 making judgments afterwards rendered a lien upon lands in the county where…
2Cases cited5 opinions
- Franklin v. CoffeeTexas Supreme Court · 1857
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
- Stone v. DarnellTexas Supreme Court · 1857
- Samuel B. v. StoneTexas Supreme Court · 1857
- Lovett v. CaseyTexas Supreme Court · 1856
3Cited by54 opinions
- Perry v. Dearing (In Re Perry)Court of Appeals for the Fifth Circuit · 2003
- Cullers v. JamesTexas Supreme Court · 1886
- Pierce v. Washington Mutual Bank, Texas Court of Appeals, 12th District (Tyler)2007
- American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
- Gann v. MontgomeryCourt of Appeals of Texas · 1948
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