Legal Opinion

Inge v. Cain

Texas Supreme Court

Decided November 27, 1885No. Case No. 1881PublishedCited by 65 opinions

Appeal from Gregg. Tried below before Hon. Felix J. McCord. This is an ordinary suit of trespass to try title and for damages, instituted by appellee against W. C. Inge, appellant, and The Mutual Fire Shielders Association. The land in controversy is described as follows: A part of the H. McNutt headright survey in Gregg county, and known and designated upon the map of the town of Longview as the east half of the north half of lot- number six, in lot number twenty-one.

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Appeal from Gregg. Tried below before Hon. Felix J. McCord. This is an ordinary suit of trespass to try title and for damages, instituted by appellee against W. C. Inge, appellant, and The Mutual Fire Shielders Association. The land in controversy is described as follows: A part of the H. McNutt headright survey in Gregg county, and known and designated upon the map of the town of Longview as the east half of the north half of lot- number six, in lot number twenty-one. On July 21, 1885, J. W. Boring, assignee of the estate of T. E. Kennard, filed his petition of intervention, and claimed the…

1Opinion of the Court

Robertson, Associate Justice.

The constitution of 1845 (sec. 22 of Gen. Prov.) exempted the homestead of the family from forced sale and prohibited the husband from disposing of it without the consent of the wife. The right of the husband and wife to encumber or dispose of it was not restricted. An encumbrance which could be effective only through the instrumentality of a forced sale, was neither void nor voidable, but, by reason of the inhibition of forced sales of the homestead, inoperative. Sampson & Kune v. Williamson, 6 *78Tex., 109. If the lien could be foreclosed without a forced sale, as…

2Cases cited10 opinions

  1. Herman Iken & Co. v. OlenickTexas Supreme Court · 1874
  2. Lee v. KingsburyTexas Supreme Court · 1854
  3. Samuel B. v. StoneTexas Supreme Court · 1857
  4. Miller v. Widow & Heirs of MenkeTexas Supreme Court · 1881
  5. Stewart v. MackeyTexas Supreme Court · 1856

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3Cited by65 opinions

  1. Dakan v. DakanTexas Supreme Court · 1935
  2. INWOOD NORTH HOMEOWNERS'ASS'N v. HarrisTexas Supreme Court · 1987
  3. Sullivan v. BarnettTexas Supreme Court · 1971
  4. Anglin v. Cisco Mortgage Loan Co.Texas Supreme Court · 1940
  5. Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889

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