Legal Opinion

Paschal v. Cushman & Co.

Texas Supreme Court

Decided July 1, 1861PublishedCited by 13 opinions

Appeal from Bexar.' Tried below before the Hon. Thomas J. Devine. This action was brought by Oushman & Co., to subject the excess of the homestead of Paschal and wife, in the city of San Antonio, over and above the constitutional exemption of $2,000, to the payment of a judgment against F. L. Paschal and his partner hi trade, rendered by the Bexar District Court, on December Sth, 1852. The petition alleged the insolvency of Paschal and his co-defendant in the judgment.

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Appeal from Bexar.' Tried below before the Hon. Thomas J. Devine. This action was brought by Oushman & Co., to subject the excess of the homestead of Paschal and wife, in the city of San Antonio, over and above the constitutional exemption of $2,000, to the payment of a judgment against F. L. Paschal and his partner hi trade, rendered by the Bexar District Court, on December Sth, 1852. The petition alleged the insolvency of Paschal and his co-defendant in the judgment. The defendants answered with a general denial, and Frances Paschal, the wife of F. L. Paschal, alleged that she had expended…

1Opinion of the CourtRoberts, J.

Appellees brought suit against appellants to

subject their homestead to the payment of a* judgment rendered against the husband. Appellants filed a general denial, which put the appellees upon the proof of their judgment and of other facts stated in the petition necessary to obtain a decree in their favor. The jury, under the direction of the court, rendered a special verdict, which is as follows: “We, the jury, find that the plaintiffs have proven the insolvency of Daniel Richardson and F. L. Paschal. 2d. We put the value of the house and improvements of F. L. Paschal at the sum of thirty-two…

2Cited by13 opinions

  1. Silliman v. GanoTexas Supreme Court · 1897
  2. Hargadene, McKittrick & Co. v. WhitfieldTexas Supreme Court · 1888
  3. Whiteman v. BurkeyTexas Supreme Court · 1926
  4. Clement v. First National BankTexas Supreme Court · 1926
  5. Harrison v. First Nat. Bank of LewisvilleCourt of Appeals of Texas · 1920

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