Scott v. Dyer
Texas Supreme Court
Error from Lamar. Tried below before the Hon. R. R. Gaines. This was a suit brought by D. H. Scott to recover from J. L. & M. A. Dyer, in an action of trespass to try title, a lot of land in the town of Paris, claiming it under his purchase at sheriff’s sale under a judgment and execution more particularly described hereafter, in favor of the plaintiff, against the defendants, as husband and wife. The defense was that the lot was the homestead of the defendants.
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Error from Lamar. Tried below before the Hon. R. R. Gaines. This was a suit brought by D. H. Scott to recover from J. L. & M. A. Dyer, in an action of trespass to try title, a lot of land in the town of Paris, claiming it under his purchase at sheriff’s sale under a judgment and execution more particularly described hereafter, in favor of the plaintiff, against the defendants, as husband and wife. The defense was that the lot was the homestead of the defendants. The cause was submitted to the judge without a jury, who found his conclusions of facts and of law in writing, and upon which he…
1Opinion of the Court
Walker, P. J. Com. App.
There being no statement of facts in the record, the error assigned presents the question whether the facts stated in the finding of the court warrant the legal conclusions deduced from them by the judgment.
The premises, in their entirety previous to the sale and conveyance of that portion of the four-acre lot described in the finding of the judge, constituted, it is conceded, the homestead of the defendants. It cannot be doubted that the defendants had the right to limit the. extent of their homestead by conveying away a part and reserving the remainder of what…
2Cases cited6 opinions
- Franklin v. CoffeeTexas Supreme Court · 1857
- Gouhenant v. CockrellTexas Supreme Court · 1857
- Shepherd v. CassidayTexas Supreme Court · 1857
- Moreland v. BarnhartTexas Supreme Court · 1875
- Anderson v. McKayTexas Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Parker v. CookCourt of Appeals of Texas · 1909
- Baum v. WilliamsCourt of Appeals of Texas · 1897
- William Cameron & Co. v. GebhardTexas Supreme Court · 1893
- Ritz v. First Nat. Bank of PecosCourt of Appeals of Texas · 1921
- Dinwiddie v. TimsCourt of Appeals of Texas · 1908
9 more not listed; retrieve them via the Exa API.