Astugueville v. Loustaunau
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Appellee brought this suit, alleging that he was the owner in fee simple of lot No. 1, in block No. 324, in the city of Galveston, and improvements; that appellant wrongfully entered upon the lot and dispossessed him. Appellee made application for and obtained a writ of sequestration.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Appellee brought this suit, alleging that he was the owner in fee simple of lot No. 1, in block No. 324, in the city of Galveston, and improvements; that appellant wrongfully entered upon the lot and dispossessed him. Appellee made application for and obtained a writ of sequestration. Appellant filed a general demurrer, general denial and a special plea, alleging that for more than ten years he had used and occupied the lot as the homestead of his family; that he had never abandoned his homestead rights therein, and was…
1Opinion of the Court
Stayton, Associate Justice.—
At the time the agreement of March. 15, 1877, was made between Astugueville and Louge, the former had only the fee simple title to one-third of the lot, which he had acquired through purchase from one of the children of Brassier, who w.th the other children, prior to the sale of his interest to Astugueville, had incumbered it with a trust deed to secure the debt due to Hurt.
Astugueville also held a life estate in an undivided one-sixth of the lot, through inheritance from his wife, and it is claimed that he had a homestead interest in one-half of the lot which he…
2Cases cited6 opinions
- Tadlock v. EcclesTexas Supreme Court · 1858
- Brewer v. WallTexas Supreme Court · 1859
- Allison v. ShillingTexas Supreme Court · 1864
- Sewall v. HenrySupreme Court of Alabama · 1846
- Jordan v. ImthurnTexas Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Anglin v. Cisco Mortgage Loan Co.Texas Supreme Court · 1940
- Sisk v. RandomTexas Supreme Court · 1934
- Reconstruction Finance Corp. v. GossettTexas Supreme Court · 1938
- Bookhout v. McGeorgeCourt of Appeals of Texas · 1933
- John T. Hardie & Co. v. CampbellTexas Supreme Court · 1885
24 more not listed; retrieve them via the Exa API.