Legal Opinion

Jordan v. Peak

Texas Supreme Court

Decided July 1, 1873PublishedCited by 13 opinions

Appeal from Dallas. Tried below before the Hon. Hardin. Hart. Suit by Peak and wife to enjoin T. 0. Jordan from selling under deed of trust certain town lots in Dallas, conveyed to him as trustee by Peak and wife, with power of sale to secure the payment of a note for $7643.55, due Leon & H. Blum.

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Appeal from Dallas. Tried below before the Hon. Hardin. Hart. Suit by Peak and wife to enjoin T. 0. Jordan from selling under deed of trust certain town lots in Dallas, conveyed to him as trustee by Peak and wife, with power of sale to secure the payment of a note for $7643.55, due Leon & H. Blum. The note bears date March 35, 1871, and was signed by W. W. Peak, and J. W. Smith, his partner; it was given for goods purchased by the firm of Peak & Smith. ' The lots were claimed and occupied as a homestead by Peak and wife. The appellants denied the existence of the homestead right in Peak and…

1Opinion of the CourtMcAdoo, J.

The record in this case presents the naked question, Can the husband and wife, by deed of trust duly executed and acknowledged in the manner prescribed by law, legally encumber the homestead to secure the payment of a debt?

The bill of exceptions and the assignment of errors present some other points; but a proper disposition of the main question disposes of all the points raised in the record.

Now, what is the case presented by this record?

Mrs. Peak joined her husband in the execution of a deed of trust, upon property claimed as the homestead of the family, to secure the payment of a sum of…

2Cases cited3 opinions

  1. Lee v. KingsburyTexas Supreme Court · 1854
  2. Sampson v. WilliamsonTexas Supreme Court · 1851
  3. Hollis v. FrancoisTexas Supreme Court · 1849

3Cited by13 opinions

  1. Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
  2. City of Dayton v. AllredTexas Supreme Court · 1934
  3. Inge v. CainTexas Supreme Court · 1885
  4. Wiener v. ZweibTexas Supreme Court · 1912
  5. Lacy v. RollinsTexas Supreme Court · 1889

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